Common use of Time of Performance and Increased Costs Clause in Contracts

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. LPS’s FIS'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 FNT 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 FNT in this Agreement, (b) FNF FNT fails to perform on a timely basis or provide adequate resources to perform the tasks, functions or other responsibilities of FNF FNT designated as the responsibility of FNF FNT in this Agreement, (c) FNF FNT or any governmental agency authorized to regulate or supervise FNF FNT makes any special request which extends LPS’s FIS'S normal performance schedule, or (d) any FNF FNT Software does not perform in accordance with its documentation or is not Year 2000 Compliant (and, in each case, the same is necessary for LPS’s FIS'S performance hereunder), or FNF FNT or LPS FIS (at FNF’s FNT's direction) changes or modifies the FNF FNT Software which change or modification materially affects LPS’s FIS'S performance of the Services (each of (a), (b), (c) and (d) an “FNF "FNT Interruption Event”"). LPS FIS shall give FNF FNT immediate notice of an FNF FNT Interruption Event. If either an FNF FNT Interruption Event occurs and LPS FIS is not prevented thereby from performing any Services, but the occurrence of such FNF FNT Interruption results in (A) an inability of LPS FIS to perform any or all of the Services at the Service Levels or (B) an increased cost to LPS FIS for providing the affected Services, FNF FNT may elect to either (i) suspend LPS’s FIS'S performance of such Service until such time as the FNF FNT 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 FIS in which event LPS FIS shall be relieved of Service Levels with respect to the affected Services for so long as the FNF FNT Interruption Event continues. If an FNF FNT Interruption prevents LPS FIS from performing any Services, FNF FNT shall continue to pay LPS FIS for the Services pursuant to Section 13 of this Agreement.

Time of Performance and Increased Costs. LPS’s FIS'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 FIS's normal performance schedule, or (d) any FNF Software does not perform in accordance with its documentation or is not Year 2000 Compliant (and, in each case, the same is necessary for LPS’s FIS's performance hereunder), or FNF or LPS FIS (at FNF’s 's direction) changes or modifies the FNF Software which change or modification materially affects LPS’s FIS's performance of the Services (each of (a), (b), (c) and (d) an “"FNF Interruption Event”"). LPS FIS shall give FNF immediate notice of an FNF Interruption Event. If either an FNF Interruption Event occurs and LPS FIS is not prevented thereby from performing any Services, but the occurrence of such FNF Interruption results in (A) an inability of LPS FIS to perform any or all of the Services at the Service Levels or (B) an increased cost to LPS FIS for providing the affected Services, FNF may elect to either (i) suspend LPS’s FIS'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 FIS in which event LPS FIS 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 FIS from performing any Services, FNF shall continue to pay LPS FIS for the Services pursuant to Section 13 of this Agreement.

Time of Performance and Increased Costs. LPSFIS’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 FNT 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 FNT in this Agreement, (b) FNF FNT fails to perform on a timely basis or provide adequate resources to perform the tasks, functions or other responsibilities of FNF FNT designated as the responsibility of FNF FNT in this Agreement, (c) FNF FNT or any governmental agency authorized to regulate or supervise FNF FNT makes any special request which extends LPSFIS’s normal performance schedule, or (d) any FNF FNT Software does not perform in accordance with its documentation or is not Year 2000 Compliant (and, in each case, the same is necessary for LPSFIS’s performance hereunder), or FNF FNT or LPS FIS (at FNFFNT’s direction) changes or modifies the FNF FNT Software which change or modification materially affects LPSFIS’s performance of the Services (each of (a), (b), (c) and (d) an “FNF FNT Interruption Event”). LPS FIS shall give FNF FNT immediate notice of an FNF FNT Interruption Event. If either an FNF FNT Interruption Event occurs and LPS FIS is not prevented thereby from performing any Services, but the occurrence of such FNF FNT Interruption results in (A) an inability of LPS FIS to perform any or all of the Services at the Service Levels or (B) an increased cost to LPS FIS for providing the affected Services, FNF FNT may elect to either (i) suspend LPSFIS’s performance of such Service until such time as the FNF FNT 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 FIS in which event LPS FIS shall be relieved of Service Levels with respect to the affected Services for so long as the FNF FNT Interruption Event continues. If an FNF FNT Interruption prevents LPS FIS from performing any Services, FNF FNT shall continue to pay LPS FIS for the Services pursuant to Section 13 of this Agreement.