Common use of Safety and Security Procedures Clause in Contracts

Safety and Security Procedures. (a) Fujitsu agrees to comply with Spansion’s physical safety and security procedures for all Services it provides at Spansion Service Locations. (b) Fujitsu will promptly notify Spansion if any Spansion failure to maintain and enforce (except for enforcement with respect to Fujitsu Personnel) physical safety and security procedures at Spansion Service Locations will cause, or has caused, a material problem or delay for Fujitsu in providing the Services. Fujitsu will be excused from failure to meet a Service Level or otherwise perform its obligations under this Agreement only to the extent that a failure to meet such Service Level or otherwise perform its obligations was caused by the Spansion failure to maintain and enforce (except for enforcement with respect to Fujitsu Personnel) physical safety and security procedures at Spansion Service Locations; provided that Fujitsu continues to use reasonable efforts to perform despite such failure and works with Spansion to resolve the failure and resume conformance with the Service Levels and performance of Fujitsu’s obligations under this Agreement as soon as practicable.