Time of Performance and Increased Costs. RMSS's time of performance under this Agreement shall be adjusted, if and to the extent reasonably necessary, in the event and to the extent that (i) Licensee fails to timely submit material data or materials in the prescribed form or in accordance with the requirements of this Agreement, (ii) Licensee fails to perform on a timely basis, the material functions or other responsibilities of Licensee described in this Agreement, (iii) Licensee or any governmental agency authorized to regulate or supervise Licensee makes any special request, which is affirmed by Licensee and/or compulsory on RMSS, which affects RMSS's normal performance schedule, or (iv) Licensee has modified the RMSS Software in a manner affecting RMSS's burden. In addition, if any of the above events occur, and such event results in an increased cost to RMSS, RMSS shall estimate such increased costs in writing in advance and, upon Licensee's approval, Licensee shall be required to pay any and all such reasonable, increased costs to RMSS upon documented expenditure, up to 110% of the estimate.
Time of Performance and Increased Costs. LPS’s time of performance with respect to Services performed under this Agreement shall be extended, and its obligations under Exhibit H shall be suspended, if and to the extent reasonably necessary, in the event that (a) FNF fails to submit data or materials in the prescribed form agreed to by the parties or in accordance with the requirements identified as the responsibility of FNF in this Agreement, (b) FNF fails to perform on a timely basis or provide adequate resources to perform the tasks, functions or other responsibilities of FNF designated as the responsibility of FNF in this Agreement, (c) FNF or any governmental agency authorized to regulate or supervise FNF makes any special request which extends LPS’s normal performance schedule, or (d) any FNF Software does not perform in accordance with its documentation (and, in each case, the same is necessary for LPS’s performance hereunder), or FNF or LPS (at FNF’s direction) changes or modifies the FNF Software which change or modification materially affects LPS’s performance of the Services (each of (a), (b), (c) and (d) an “FNF Interruption Event”). LPS shall give FNF immediate notice of an FNF Interruption Event. If either an FNF Interruption Event occurs and LPS is not prevented thereby from performing any Services, but the occurrence of such FNF Interruption results in (A) an inability of LPS to perform any or all of the Services at the Service Levels or (B) an increased cost to LPS for providing the affected Services, FNF may elect to either (i) suspend LPS’s performance of such Service until such time as the FNF Interruption Event no longer exists, and continue to pay for the Services pursuant to Section 13 of this Agreement, or (ii) elect to receive the Services from LPS in which event LPS shall be relieved of Service Levels with respect to the affected Services for so long as the FNF Interruption Event continues. If an FNF Interruption prevents LPS from performing any Services, FNF shall continue to pay LPS for the Services pursuant to Section 13 of this Agreement.
Time of Performance and Increased Costs. SoftPro’s time of performance under this Agreement shall be adjusted, if and to the extent reasonably necessary, in the event and to the extent that (i) Client fails to timely submit material data or materials in the prescribed form or in accordance with the requirements of this Agreement, (ii) Client fails to perform on a timely basis, the material functions or other responsibilities of Client described in this Agreement, (iii) Client or any governmental agency authorized to regulate or supervise Client makes any special request, which is affirmed by Client and/or compulsory on SoftPro, which affects Pro’s normal performance schedule, or (iv) Client has modified the SoftPro Software in a manner affecting SoftPro’s burden. In addition, if any of the above events occur, and such event results in an increased cost to SoftPro, SoftPro shall estimate such increased costs in writing in advance and, upon Client’s approval, Client shall be required to pay any and all such reasonable, increased costs to SoftPro upon documented expenditure, up to 110% of the estimate.
Time of Performance and Increased Costs. Windstream’s time of performance with respect to Services performed under this Agreement shall be extended, and its obligations hereunder shall be suspended as provided herein, if and to the extent reasonably necessary, in the event that (a) TAS fails to submit data or materials in the prescribed form agreed to by the parties or in accordance with the requirements identified in this Agreement, (b) TAS fails to perform on a timely basis or provide adequate resources to perform the material tasks, functions or other responsibilities of TAS, (c) TAS or any governmental agency authorized to regulate or supervise TAS makes any special request which extends Windstream’s normal performance schedule, or (d) any TAS Software does not perform, in all material respects, in accordance with its documentation and the same is necessary for Windstream’s performance hereunder or TAS or Windstream (at TAS’s direction) changes or modifies the TAS Software which change or modification materially affects Windstream’s performance of the Services (each of (a), (b), (c) and (d) a “TAS Interruption Event”). Windstream’s time of performance shall only be extended, and its obligations hereunder suspended, if (i) such Windstream nonperformance results from a TAS Interruption Event and (ii) Windstream uses commercially reasonable efforts to perform notwithstanding the TAS Interruption Event. Windstream shall give TAS immediate notice of a TAS Interruption Event. If a TAS Interruption Event occurs and Windstream is not prevented thereby from performing any Services, but the occurrence of such TAS Interruption Event results in an inability of Windstream to perform any or all of the Services at the Service Levels, then Windstream shall be relieved of Service Levels with respect to the affected Services for so long as the TAS Interruption Event continues to prevent performance in accordance with the applicable Service Levels. Further, if a TAS Interruption Event occurs and results in an increase in Windstream’s cost of providing the affected Services, Windstream shall advise TAS of such increased cost to Windstream and, thereafter, TAS may elect to either (i) modify Windstream’s performance of such Services so as to mitigate the increased costs related to the TAS Interruption Event until such time as the TAS Interruption Event no longer exists and continue to pay for such Services or (ii) elect to receive the Services from Windstream in which event TAS shall pay Windstream’s increase cost...
Time of Performance and Increased Costs. FIS' time of performance under this Agreement shall be adjusted, if and to the extent reasonably necessary, in the event and to the extent that (i) FNT fails to timely submit material data or materials in the prescribed form or in accordance with the requirements of this Agreement, (ii) FNT fails to perform on a timely basis, the material functions or other responsibilities of FNT described in this Agreement, (iii) FNT or any governmental agency authorized to regulate or supervise FNT makes any special request, which is affirmed by FNT and/or compulsory on FIS, which affects FIS' normal performance schedule, or (iv) FNT has modified the LSI Processes, Documentation or Modifications in a manner affecting FIS' burden. In addition, if any of the above events occur, and such event results in an increased cost to FIS, FIS shall estimate such increased costs in writing in advance and, upon FNT's approval, FNT shall be required to pay any and all such reasonable, increased costs to FIS upon documented expenditure, up to 110% of the estimate.
Time of Performance and Increased Costs. Fidelity's time of performance with respect to Services performed under this Agreement shall be adjusted, if and to the extent reasonably necessary, in the event that (a) Client fails to timely submit data or materials in the prescribed form or m accordance with the requirements of this Agreement, (b) Client fails to perform on a timely basis, the functions or other responsibilities of Client described in this Agreement, (c) there occurs a force majeure event which prevents timely performance, (d) Client or any governmental agency authorized to regulate or supervise Client makes any special request which affects Fidelity's normal performance schedule, (e) Client fails to provide any Client resources called for by this Agreement, (f) any Client Provided Software or Client resource does not perform accordance with its specifications and, in each case, the same is necessary for Fidelity's performance hereunder. In addition, if any of the above events occur, and such event v.ill result in an increased cost to Fidelity for providing the affected Service, Fidelity shall so advise Client and Client may either pay any and all of such increased costs to Fidelity or relieve Fidelity of its responsibilities hereunder.
Time of Performance and Increased Costs. FIS’s time of performance with respect to Services performed under this Agreement shall be adjusted, if and to the extent reasonably necessary, in the event that: (a) Client fails to timely submit data, information or resources in the prescribed form or in accordance with Client’s obligations of the applicable Schedule or this Agreement, (b) Client fails to perform on a timely basis the functions or other responsibilities of Client described in the applicable Schedule or this Agreement, (c) an Affected Performance prevents timely or complete performance, (d) Client or any governmental agency authorized to regulate or supervise Client makes any special request which affects FIS’s normal performance schedule, (e) Client changes priorities pursuant to a Schedule or this Agreement to an extent that affects FIS’s performance scope or schedule, or (g) any Client-provided software or other Client-provided resource does not perform in accordance with its specifications. In addition, if any of the above occurs and will result in an increased cost to FIS for providing the affected Service or Deliverable, Client will be responsible for such increased costs. (PID # 224877) ______ initials _______initials
Time of Performance and Increased Costs. ALLTEL's time of performance with respect to Services performed under this Agreement shall be adjusted, if and to the extent reasonably necessary, in the event that the following events materially affect ALLTEL's ability to perform hereunder (a) Client fails to timely submit data or materials in the prescribed form or in accordance with the requirements of this Agreement, (b) Client fails to perform on a timely basis, the functions or other responsibilities of Client described in this Agreement, (c) there occurs an Affected Performance condition which prevents timely performance, (d) Client or any governmental agency authorized to regulate or supervise Client makes any special request which affects ALLTEL's normal performance schedule, (e) Client fails to provide any Client Resources called for by this Agreement, (f) Client materially changes the priorities of the ALLTEL Staff, or (g) any Client Provided Third Party Software, Client Software or Client Resource does not materially perform in accordance with its specifications and, in each case, the same is necessary for ALLTEL's performance hereunder. In addition, if any of the above events occur, and such event will result in an increased cost to ALLTEL for providing the affected Service, ALLTEL shall so advise Client and Client may either pay any and all of such increased costs to ALLTEL or relieve ALLTEL of its responsibilities hereunder. ALLTEL agrees that in the event it fails to meet the performance standard identified in Exhibit D that Client shall receive such relief as provided therein.
Time of Performance and Increased Costs. Fidelity’s time of performance with respect to Products and Services performed under this Agreement shall be extended, to the extent reasonably necessary, in the event that (a) Client fails to submit data or materials in the prescribed form or in accordance with the requirements of this Agreement; (b) Client fails to perform on a timely basis or provide adequate resources to perform the tasks, functions or other responsibilities of Client described in this Agreement, or any applicable Addendum or SOW hereunder; (c) there occurs a Force Majeure condition as contemplated in Section 23 which prevents timely performance; (d) Client or any governmental agency authorized to regulated or supervise Client makes any special request which affects Fidelity’ normal performance schedule; (e) Client changes its priorities in a manner that adversely impacts the performance of the Products and Services; or (f) any Client software does not perform in accordance with its specifications and, in each case, the same is necessary for Fidelity’ performance hereunder. In addition, if any of the above events occur, and such event will result in an increased cost to Fidelity for providing the affected Products and Services, Fidelity shall so advise Client and Client may either pay any and all of such increased costs to Fidelity or relieve Fidelity of its responsibilities hereunder.
Time of Performance and Increased Costs. ACL Group, Inc.’s time of performance under this Agreement shall be adjusted, if and to the extent reasonably necessary, in the event and to the extent that (i) Customer fails to timely submit material data or materials in the prescribed form or in accordance with the requirements of this Agreement, (ii) Customer fails to perform on a timely basis, the material functions or other responsibilities of Customer described in this Agreement, (iii) Customer or any governmental agency authorized to regulate or supervise Customer makes any special request, which is affirmed by Customer and/or compulsory on ACL Group, Inc., which affects ACL Group, Inc.’s normal performance schedule, or (iv) Customer has modified the Service in a manner affecting ACL Group, Inc.’s burden. In addition, if any of the above events occur, and such event results in an increased cost to ACL Group, Inc., ACL Group, Inc. shall estimate such increased costs in writing in advance and, upon Customer’s approval, Customer shall be required to pay any and all such reasonable, increased costs to ACL Group, Inc. upon documented expenditure, up to 110% of the estimate.
