1Generally. Except as otherwise expressly provided in this Agreement, commencing on the Effective Date and continuing throughout the Term, Contractor shall perform: (a) The Upgrade Project Services and provide the Upgrade Project Deliverables to the AOC, as the same may be modified by written agreement of the Parties pursuant to the Contract Change Control Procedures set forth in Section 7.2; (b) the Maintenance and Operations Support Services; and (c) any incidental services, functions or responsibilities not specifically described in this Agreement, but which are required for, and are incidental and related to, the proper performance and delivery of the services identified in (a) and (b) above ((a), (b), and (c) collectively, the “Designated Services”). If the AOC delays in the delivery of any AOC Data Deliverable, then the Parties shall adjust the schedule for Contractor’s performance of its obligations and delivery of the Designated Services, in each case that are dependent on the delivery of the delayed AOC deliverable, forward by no more than the number of days that the AOC delayed; provided, however, that in all events Contractor shall mitigate any potential delay to the maximum extent possible. Contractor shall be required to perform the Services regardless of new, differing or additional information becoming available after the Effective Date that may affect Contractor’s ability to perform; provided, however, that if a key assumption identified in any Statement of Work proves incorrect, and the failure of the assumption to prove correct materially impairs Contractor’s ability to perform a Designated Service obligation hereunder, then the issue shall be managed as a Contractor Contract Change Request requiring the Parties mutual agreement to resolve.
Appears in 3 contracts
Sources: Master Services Agreement, Master Services Agreement, Master Services Agreement