Service Failures. (i) To the extent Provider experiences a problem or delay in providing the Services, 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 BFA Recipients will use Commercially Reasonable Efforts to mitigate the impact of Provider’s non-performance to the extent the problem or delay relates to matters described in Section 6.3(b)(i). (iii) If Provider is unable to meet its obligations under this Agreement as a result of the matters described in Section 6.3(b)(i), Provider’s non-performance of the affected Services will be excused to the extent that Provider provides the affected BFA Recipients with reasonable notice of such non-performance and uses Commercially Reasonable Efforts to perform notwithstanding such BFA Recipient’s failure to perform. Master Services Agreement CONFIDENTIAL (iv) Material costs incurred by either Party in the event of a delay or failure for reasons outside of the control of the Parties will be allocated as agreed between the Parties.
Appears in 2 contracts
Samples: Master Services Agreement (iShares Ethereum Trust), Master Services Agreement (iShares Bitcoin Trust)
Service Failures. (i) To the extent Provider experiences a problem or delay in providing the Services, 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 BFA Recipients will use Commercially Reasonable Efforts to mitigate the impact of Provider’s non-performance to the extent the problem or delay relates to matters described in Section 6.3(b)(i).
(iii) If Provider is unable to meet its obligations under this Agreement as a result of the matters described in Section 6.3(b)(i), Provider’s non-performance of the affected Services will be excused to the extent that Provider provides the affected BFA Recipients with reasonable notice of such non-performance and uses Commercially Reasonable Efforts to perform notwithstanding such BFA Recipient’s failure to perform. Master Services Agreement CONFIDENTIAL.
(iv) Material costs incurred by either Party in the event of a delay or failure for reasons outside of the control of the Parties will be allocated as agreed between the Parties.
Appears in 2 contracts
Samples: Master Services Agreement (iShares U.S. ETF Trust), Master Services Agreement (iSHARES TRUST)
Service Failures. (i) To the extent Provider experiences a problem or delay in providing the Services, 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 BFA Recipients will use Commercially Reasonable Efforts to mitigate the impact of Provider’s non-performance to the extent the problem or delay relates to matters described in Section 6.3(b)(i).
(iii) If lf Provider is unable to meet its obligations under this Agreement as a result of the matters described in Section 6.3(b)(i), Provider’s non-performance of the affected Services will be excused to the extent that Provider provides the affected BFA Recipients with reasonable notice of such non-performance and uses Commercially Reasonable Efforts to perform notwithstanding such BFA Recipient’s failure to perform. Master Services Agreement CONFIDENTIAL.
(iv) Material costs incurred by either Party in the event of a delay or failure for reasons outside of the control of the Parties will be allocated as agreed between the Parties.
Appears in 1 contract
Service Failures. (i) To the extent Provider experiences a problem or delay in providing the Services, 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 BFA Recipients will use Commercially Reasonable Efforts to mitigate the impact of Provider’s non-performance to the extent the problem or delay relates to matters described in Section 6.3(b)(i).
(iii) If Provider is unable to meet its obligations under this Agreement as a result of the matters described in Section 6.3(b)(i), Provider’s non-performance of the affected Services will be excused to the extent Master Services Agreement 20 that Provider provides the affected BFA Recipients with reasonable notice of such non-performance and uses Commercially Reasonable Efforts to perform notwithstanding such BFA Recipient’s failure to perform. Master Services Agreement CONFIDENTIAL.
(iv) Material costs incurred by either Party in the event of a delay or failure for reasons outside of the control of the Parties will be allocated as agreed between the Parties.
Appears in 1 contract
Service Failures. (i) To the extent Provider experiences a problem or delay in providing the Services, 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 BFA Recipients will use Commercially Reasonable Efforts to mitigate the impact of Provider’s non-performance to the extent the problem or delay relates to matters described in Section 6.3(b)(i).
(iii) If Provider is unable to meet its obligations under this Agreement as a result of the matters described in Section 6.3(b)(i), Provider’s non-performance of the affected Services will be excused to the extent that Provider provides the affected BFA Recipients with reasonable notice of such non-performance and uses Commercially Reasonable Efforts to perform notwithstanding such BFA Recipient’s failure to perform. Master Services Agreement CONFIDENTIALAgreement
(iv) Material costs incurred by either Party in the event of a delay or failure for reasons outside of the control of the Parties will be allocated as agreed between the Parties.
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