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.
Appears in 6 contracts
Samples: Ots and Ots Gold Software License Agreement (Fidelity National Title Group, Inc.), Team Software License Agreement (Fidelity National Title Group, Inc.), Ots Gold Software License Agreement (Fidelity National Information Services, Inc.)
Time of Performance and Increased Costs. RMSS's ’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 ’s normal performance schedule, or (iv) Licensee has modified the RMSS Software in a manner affecting RMSS's ’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 ’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.
Appears in 3 contracts
Samples: Team Software License Agreement (Fidelity National Information Services, Inc.), Ots and Ots Gold Software License Agreement (Fidelity National Information Services, Inc.), Simon Software License Agreement (Fidelity National Information Services, Inc.)
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 ______ initials ______ initials 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.
Appears in 1 contract
Samples: Ots Software License Agreement (Fidelity National Information Services, Inc.)