YEAR 2000 PROVISION Sample Clauses

YEAR 2000 PROVISION. If, after the Closing, Quintiles continues to implement the Drug Innovation & Approval portion of HMR's Year 2000 Program (as defined in paragraph 11 of Schedule 4.2) in materially the same manner, and applying materially the same level of resources, as HMR had planned for Drug Innovation & Approval in 1999, (i) Quintiles will be excused from performance of any obligation for Research Services contemplated under the Agreement, or any other services contemplated under a Letter Agreement, but only to the extent such performance is adversely affected, directly or indirectly, by the failure of any Asset, system or computer software application to function properly due to a Year 2000 Problem (as defined in paragraph 11 of Schedule 4.2), attributable specifically to such Asset, system or computer software application Quintiles acquires or obtains use of pursuant to this Agreement or any Transaction Document, and (ii) HMR shall not be relieved from its obligations to make payments of Guaranteed Revenue or otherwise be entitled to a refund or credit of payments corresponding to the affected Research Services (including but not limited to Guaranteed Revenue). In any such event, Quintiles shall use its best efforts to (i) mitigate its potential damages; (ii) minimize the impact of the Year 2000 Problem on Projects, (iii) address Project delays on a priority basis over non-Project work being performed at the Facility, and (iv) remediate the Year

YEAR 2000 PROVISION. The Borrowers and their Subsidiaries have reviewed the areas within their businesses and operations which could be adversely affected by, and have developed or are developing a program to address on a timely basis, the "Year 2000 Problem" (i.e. the risk that computer applications used by the Borrowers or any their Subsidiaries may be unable to recognize and perform properly date sensitive functions involving certain dates prior to and any date after December 31, 1999). Based upon such review, the Borrowers reasonably believe that the "Year 2000 Problem" will not have any materially adverse effect on the business or financial condition of the Borrowers or any of their Subsidiaries."