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

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.

Appears in 2 contracts

Samples: Softpro Software License Agreement (Lender Processing Services, Inc.), Softpro Software License Agreement (Fidelity National Information Services, Inc.)

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Time of Performance and Increased Costs. SoftPro’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) 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 's normal performance schedule, or (iv) Client has modified the SoftPro Software in a manner affecting SoftPro’s '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 '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.

Appears in 2 contracts

Samples: Softpro Software License Agreement (Fidelity National Title Group, Inc.), Softpro Software License Agreement (Fidelity National Title Group, Inc.)

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Time of Performance and Increased Costs. SoftPro’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) 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 SoftPro's normal performance schedule, or (iv) Client has modified the SoftPro Software in a manner affecting SoftPro’s '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 '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.

Appears in 1 contract

Samples: Software License Agreement (Fidelity National Information Services, Inc.)

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