Timeframes for Performance. The Parties will use Commercially Reasonable Efforts to complete their respective obligations under the Project Plan within the timeframes specified in the Project Plan. Each Party will promptly inform the other Party in the event that it anticipates or experiences a delay in the completion of such activities. Each Party shall be responsible for any delay or failure by it (its Affiliates, or its Third Party Agents) to timely complete its obligations under the Project Plan, except to the extent that (i) such failure or delay is caused by a delay or failure of performance by any other Party; or (ii) as may otherwise be mutually agreed in writing by the Parties.
Timeframes for Performance. Time is of the essence for every Service performed by Service Provider and Service Provider’s Personnel. Service Provider and Service Provider’s Personnel will follow all necessary timeframes stated in the Work Order. Service Provider and Service Provider’s Personnel will complete and return all required documentation within the timeframe listed on the Work Order. A Work Order is not deemed complete until all conditions listed in this Agreement and the Work Order are complied with, and all required documentation is submitted to MSI.
i. For Work Orders that are not completed within the timeframe specified on the Work Order, MSI reserves the right, upon written notice to Service Provider, to cancel said Work Order and reassign the Work Order to another independent contractor. A Work Order will still be deemed late even if the Work Order was not completed within the set timeframe because of a delay that was caused by third-party technology that Service Provider utilized.
ii. If Service Provider anticipates its inability to timely complete any Work Order, Service Provider will notify MSI no less than twenty-four (24) hours before the Work Order is to be completed. If MSI does not reassign the Work Order, then Service Provider will remain responsible for completing the Work Order and returning the results.
iii. If MSI cancels or reassigns a Work Order due to late or inadequate performance by Service Provider or Service Provider’s Personnel, then MSI’s duty to pay Service Provider for any Services rendered under that Work Order is terminated. In addition, Service Provider will be liable for any additional costs MSI incurs due to the cancellation or reassignment, which MSI may offset against what MSI owes Service Provider.
iv. MSI is not required to provide a cancellation notification to Service Provider if a situation arises where MSI’s client cancels a Work Order the same day it is ordered.
v. If MSI receives a Work Order cancellation notification from a client, then MSI will pay Service Provider for the Work Order that was completed prior to the cancellation notification as long as Service Provider or Service Provider’s Personnel submits its results/documentation within one (1) business day from the cancellation notification.
vi. Any potential Chargeback or damage to MSI caused by a delay from Service Provider or Service Provider’s Personnel will be assessed to the Service Provider, pursuant to this Agreement. In the event Service Provider or Service Provider’...
