Common use of Responsibility for Errors; Delays Clause in Contracts

Responsibility for Errors; Delays. Except in the case of a Service Provider's gross negligence or willful misconduct, a Service Provider's sole responsibility to a Service Recipient: (a) for errors or omissions in Services, shall be to furnish correct information, payment and/or adjustment in the Services, at no additional cost or expense to the Service Recipient; provided, the Service Recipient must promptly advise the Service Provider of any such error or omission of which it becomes aware after having used reasonable efforts to detect any such errors or omissions in accordance with the standard of care set forth in Section 6.1; and (b) for failure to deliver any service because of Impracticability, shall be to use reasonable efforts, subject to Section 3.3, to make the Services available and/or to resume performing the Services as promptly as reasonably practicable.

Appears in 3 contracts

Samples: Transitional Services Agreement (Allergan Inc), Transitional Services Agreement (Amo Holdings LLC), Transitional Services Agreement (Advanced Medical Optics Inc)

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Responsibility for Errors; Delays. Except in the case of a Service Provider's gross negligence negligence, bad faith or willful wilful misconduct, a Service Provider's sole responsibility to a Service Recipient: (a) for errors or omissions in Services, shall be to furnish correct information, payment and/or adjustment in the Services, at no additional cost or expense to the Service Recipient; provided, provided that the Service Recipient Provider must promptly advise the Service Provider Recipient of any such error or omission of which it becomes aware after having used reasonable efforts using Commercially Reasonable Efforts to detect any such errors or omissions in accordance with the standard of care set forth in Section 6.1Sections 7.1 and 7.2; and (b) for failure to deliver any service Service because of Impracticability, shall be to use reasonable effortsCommercially Reasonable Efforts, subject to Section 3.3, to make the Services available and/or or to resume performing the Services as promptly as reasonably practicable.

Appears in 2 contracts

Samples: Transitional Services Agreement (Novelis Inc.), Transitional Services Agreement (Novelis Inc.)

Responsibility for Errors; Delays. Except in the case of a Service Provider's gross negligence or willful misconduct, a Service ProviderProviding Company's sole responsibility to a Service RecipientReceiving Company: (a) for errors or omissions in Services, shall be to furnish correct information, payment and/or adjustment in the Services, at no additional cost or expense to the Service RecipientReceiving Company; provided, the Service Recipient provided Receiving Company must promptly advise the Service Provider Providing Company of any such error or omission of which it becomes aware after having used reasonable efforts to detect any such errors or omissions in accordance with the standard of care set forth in Section 6.15.1; and (b) for failure to deliver any service Service because of Impracticabilityimpracticability, shall be to use reasonable efforts, subject to Section 3.36.2, to make the Services available and/or to resume performing the Services as promptly as reasonably practicable.

Appears in 1 contract

Samples: Intercompany Service Agreement (Inficon Holding Ag)

Responsibility for Errors; Delays. Except in the case of a Service Provider's gross negligence or willful misconduct, a Each Service Provider's sole responsibility to a its Service RecipientRecipients: (a) for errors or omissions in Services, shall be to furnish correct information, payment and/or adjustment in the Services, at no additional cost or expense to the Service RecipientRecipients, as appropriate; provided, the however, that each Service Recipient must promptly advise the its Service Provider of any such error or omission of which it becomes aware after having used reasonable efforts to detect any such errors or omissions in accordance with the standard of care set forth in Section 6.1; and (b) for failure to deliver any service Service because of Impracticability, shall be to use reasonable efforts, subject to Section 3.3, to make the Services available and/or to resume performing the Services as promptly as reasonably practicable.

Appears in 1 contract

Samples: Master Corporate Services Agreement (Tality Corp)

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Responsibility for Errors; Delays. Except in the case of a Service Provider's gross negligence or willful misconduct, a Each Service Provider's sole responsibility to a its Service RecipientRecipients: (a) for errors or omissions in Services, shall be to furnish correct information, payment and/or adjustment in the Services, at no additional cost or expense to the Service RecipientRecipients, as appropriate; providedPROVIDED, the HOWEVER, that each Service Recipient must promptly advise the its Service Provider of any such error or omission of which it becomes aware after having used reasonable efforts to detect any such errors or omissions in accordance with the standard of care set forth in Section 6.1; and (b) for failure to deliver any service Service because of Impracticability, shall be to use reasonable efforts, subject to Section 3.3, to make the Services available and/or to resume performing the Services as promptly as reasonably practicable.

Appears in 1 contract

Samples: Master Corporate Services Agreement (Cadence Design Systems Inc)

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