RESPONSIBILITIES OF THE STATE. a. The State shall cooperate with Contractor by, among other things, making available, as reasonably requested by Contractor, information, approvals, acceptances and management decisions so that Contractor may accomplish its obligations and responsibilities hereunder. b. The State is responsible for providing required information, data, Documentation, and test data to facilitate Contractor’s performance of the work, and will provide such additional reasonable assistance as is specifically set forth in the Statement of Work. c. Unless otherwise agreed in writing by the parties, the State shall not have any operational responsibilities other than those set forth in this Section 53. d. Contractor’s failure to perform its responsibilities under this Contract, shall be excused if and to the extent that it is caused directly by the State’s breach of its material responsibilities set forth in this Section 53, but only if (i) Contractor promptly notifies the State of such material breach and its inability to perform under such circumstances, (ii) Contractor provides the State with every reasonable opportunity to correct such material breach and thereby avoid such Contractor non- performance, and (iii) Contractor uses commercially reasonable efforts to perform notwithstanding the State’s material breach. Contractor’s performance shall only be excused under this Section for an amount of time equal to the duration of the State’s delay in meeting its applicable obligation. In the event of any claim for equitable adjustment to schedule, the parties will negotiate in good faith regarding execution of a Contract amendment.
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Samples: Standard Agreement, Standard Agreement, Standard Agreement
RESPONSIBILITIES OF THE STATE.
a. The State shall cooperate with Contractor by, among other things, making available, as reasonably requested by Contractor, information, approvals, acceptances and management decisions so that Contractor may accomplish its obligations and responsibilities hereunder.
b. The State is responsible for providing required information, data, Documentation, and test data to facilitate Contractor’s performance of the work, and will provide such additional reasonable assistance as is specifically set forth in the Statement of Work.
c. Unless otherwise agreed in writing by the parties, the State shall not have any operational responsibilities other than those set forth in this Section 53.
d. Contractor’s failure to perform its responsibilities under this Contract, shall be excused if and to the extent that it is caused directly by the State’s breach of its material responsibilities set forth in this Section 53, but only if (i) Contractor promptly notifies the State of such material breach and its inability to perform under such circumstances, (ii) Contractor provides the State with every reasonable opportunity to correct such material breach and thereby avoid such Contractor non- performance, and (iii) Contractor uses commercially reasonable efforts to perform notwithstanding the State’s material breach. Contractor’s performance shall only be excused under this Section for an amount of time equal to the duration of the State’s delay in meeting its applicable obligation. In the event of any claim for equitable adjustment to schedule, the parties will negotiate in good faith regarding execution of a Contract amendment.
Appears in 1 contract
Samples: Standard Agreement