Services Not to be Withheld. Subject to Supplier’s rights under Article XIV and provided none of Buyers or FairPoint is in default of its obligation to pay fees or has refused to pay fees hereunder in bad faith, or has had a Change of Control, Supplier shall not intentionally withhold the provision of any or all of the Schedule A Services, or substantially all of the Schedule C Services or Schedule D Services for any reason during the term of this Agreement. If Supplier breaches or threatens to breach the provisions of this Section, Supplier agrees that FairPoint and Buyers will be irreparably harmed, and, without any additional findings of irreparable injury or harm or other considerations of public policy, FairPoint and/or Buyers shall be entitled to apply to a court of competent jurisdiction for and, provided FairPoint and/or Buyers follow the appropriate procedural requirements (including notice and an affidavit that none of Buyers or FairPoint has failed to make all undisputed payments or is in material breach), Supplier shall not oppose the granting of an injunction compelling specific performance by the Supplier of its obligations under this Agreement without the necessity of posting any bond or other security. Supplier further agrees not to oppose any such application for injunctive relief.
Services Not to be Withheld. Vendor will not refuse to provide all or any portion of the Services in violation or breach of the terms of the Service Agreement.
Services Not to be Withheld. Provider will not refuse to provide all or any portion of the Services in violation or breach of the terms of the Agreement or any Service Agreement.
Services Not to be Withheld. (a) Prohibition. Supplier will not voluntarily refuse to provide all or any portion of the Services in violation or breach of the terms of the Agreement and/or any Statement of Work; provided, that for clarity, the foregoing shall not operate or be construed as prohibiting or delaying a Party’s exercise of any right it may have under the Agreement to terminate the Term as to all or any part of the Services.
Services Not to be Withheld. Provided Triad is not in material breach of its obligation under this Agreement which prevents Company’s ability to perform services under this Agreement, including its obligation to pay Service Fees hereunder (excluding (i) any good faith dispute by Triad with respect to any Service Fees under Section 5.1 and (ii) a Force Majeure event), Company shall not intentionally withhold the provision of any or all of the Services for any reason during the Term. If Company breaches the provisions of this Section 2.7, Company agrees that Triad shall be irreparably harmed. In such event, Triad shall be entitled to apply to a court of competent jurisdiction for an injunction compelling specific performance by Company of its obligations under this Agreement.
Services Not to be Withheld. Notwithstanding any other provision in this Agreement to the contrary, Fidelity shall not voluntarily refuse in violation or breach of the terms of this Agreement to provide to the Rxxxx Group: (i) the Fidelity ASP Services to be provided by Fidelity using IMPACS, Savings Time and/or Customer Information File software applications; and/or (ii) a substantial portion of the Fidelity ASP Services to be provided by Fidelity through any of its data centers; and/or (iii) the Fidelity On-Site Software Services, if such refusal may be reasonably expected to have a material adverse effect on the operation of the Rxxxx Business. This Section 3.16, however, does not affect or diminish Fidelity’s right to terminate all or a portion of the Services pursuant to any other provision of this Agreement.
Services Not to be Withheld. The Service Provider shall not Abandon the Services under this Agreement. In the event of Abandonment, the provisions of Part I of Exhibit 28 will apply.
