Common use of Service Failures Clause in Contracts

Service Failures. (i) To the extent State Street experiences a problem or delay in providing the Services, State Street will promptly notify the applicable Authorized Person and use Commercially Reasonable Efforts to continue performing the Services in accordance with the Service Levels. (ii) The BTC Recipients will use Commercially Reasonable Efforts to mitigate the impact of State Street’s non-performance to the extent the problem or delay relates to matters described in Section 3.4(b)(i) above. (iii) If State Street is unable to meet its obligations under a Service Module as a result of the matters described in Section 3.4(b)(i) above, State Street’s non-performance of the affected Services will be excused to the extent that State Street provides the affected BTC Recipients with reasonable notice of such non-performance and uses Commercially Reasonable Efforts to perform notwithstanding such BTC Recipient’s failure to perform. (iv) Material costs incurred by either Party in the event of a delay or failure for reasons outside of the control of both Parties will be allocated as agreed between the Parties.

Service Failures. (i) To the extent State Street Provider experiences a problem or delay in providing the Services, State Street Provider will promptly notify the applicable Authorized Person and use Commercially Reasonable Efforts to continue performing the Services in accordance with the Service Levels. (ii) The Lending Funds and BTC Recipients will use Commercially Reasonable Efforts to mitigate the impact of State StreetProvider’s non-performance to the extent the problem or delay relates to matters described in Section 3.4(b)(i) above4.3(c)(i). (iii) If State Street Provider is unable to meet its obligations under a Service Module this Agreement as a result of the matters described in Section 3.4(b)(i) above4.3(b)(i), State StreetProvider’s non-performance of the affected Services will be excused to the extent that State Street Provider provides the affected BTC Recipients Lending Funds with reasonable notice of such non-performance and uses Commercially Reasonable Efforts to perform notwithstanding such BTC RecipientLending Fund’s failure to perform. (iv) Material costs incurred by either Party in the event of a delay or failure for reasons outside of the control of both the Parties will be allocated as agreed between the Parties.

Service Failures. (i) To the extent State Street experiences a problem or delay in providing the Services, State Street will promptly notify the applicable Authorized Person and use Commercially Reasonable Efforts to continue performing the Services in accordance with the Service Levels. (ii) The BTC Recipients will use Commercially Reasonable Efforts to mitigate the impact of State Street’s 's non-performance to the extent the problem or delay relates to matters described in Section 3.4(b)(i) above. (iii) If State Street is unable to meet its obligations under a Service Module as a result of the matters described in Section 3.4(b)(i) above, State Street’s 's non-performance of the affected Services will be excused to the extent that State Street provides the affected BTC Recipients with reasonable notice of such non-performance and uses Commercially Reasonable Efforts to perform notwithstanding such BTC Recipient’s 's failure to perform. (iv) Material costs incurred by either Party in the event of a delay or failure for reasons outside of the control of both Parties will be allocated as agreed between the Parties.

Service Failures. (i) To the extent State Street experiences a problem or delay in providing the Services, State Street will promptly notify the applicable Authorized Person and use Commercially Reasonable Efforts to continue performing the Services in accordance with the Service Levels. (ii) The BTC BGI Recipients will use Commercially Reasonable Efforts to mitigate the impact of State Street’s 's non-performance to the extent the problem or delay relates to matters described in Section 3.4(b)(i) above. (iii) If State Street is unable to meet its obligations under a Service Module as a result of the matters described in Section 3.4(b)(i) above, State Street’s 's non-performance of the affected Services will be excused to the extent that State Street provides the affected BTC BGI Recipients with reasonable notice of such non-performance and uses Commercially Reasonable Efforts to perform notwithstanding such BTC BGI Recipient’s 's failure to perform. (iv) Material costs incurred by either Party in the event of a delay or failure for reasons outside of the control of both Parties will be allocated as agreed between the Parties.