Common use of Standards of Service Clause in Contracts

Standards of Service. (a) The level or volume of any specific Service required to be provided to Recipient hereunder shall be at a level or volume consistent in all material respects with the level or volume, as the case may be, of such specific Service as utilized by the Recipient Group during the twelve month period prior to the Distribution Time (the “Baseline Period”). Provider agrees to consider in good faith any requests by Recipient to modify the level or volume of any specific Service. Any modification to which Provider agrees will be on such terms and conditions (including pricing) as the parties shall mutually and reasonably agree. (b) The manner, nature, quality and standard of care applicable to the delivery by Provider of the Services hereunder shall be substantially the same as that of similar services which Provider provided to the Recipient Group during the Baseline Period. (c) Provider shall have no obligation to provide any Services hereunder in respect of any business, assets or properties not forming part of the Recipient Group’s business as of the Distribution Time. Provider agrees to consider in good faith any requests by Recipient for the provision of any additional services that Recipient considers are reasonably necessary to accommodate normal growth in Recipient’s business. Any such additional services to which Provider agrees will be on such terms and conditions (including pricing) as the parties shall mutually and reasonably agree.

Standards of Service. (a) The level or volume of any specific Service required to be provided to Recipient hereunder shall be at a level or volume consistent in all material respects with the level or volume, as the case may be, of such specific Service as utilized by the Recipient Group during the twelve month period prior to the Distribution Time (the “Baseline Period”). Provider agrees to consider in good faith any requests by Recipient to modify the level or volume of any specific Service. Any modification to which Provider agrees will be on such terms and conditions (including pricing) as the parties shall mutually and reasonably agree. (b) The manner, nature, quality and standard of care applicable to the delivery by Provider of the Services hereunder shall be substantially the same as that of similar services which Provider provided to the Recipient Group during the Baseline Period.. (NY) 14150/039/8K/EXHIBITS FOR MUSA 8K/Exhibit 10.2 Transition Services Agreement.doc (c) Provider shall have no obligation to provide any Services hereunder in respect of any business, assets or properties not forming part of the Recipient Group’s business as of the Distribution Time. Provider agrees to consider in good faith any requests by Recipient for the provision of any additional services that Recipient considers are reasonably necessary to accommodate normal growth in Recipient’s business. Any such additional services to which Provider agrees will be on such terms and conditions (including pricing) as the parties shall mutually and reasonably agree.