Common use of Alternate Source Clause in Contracts

Alternate Source. If a Force Majeure Event substantially prevents, hinders, or delays IBM's performance of the Critical Services necessary for the operation of EMW's business, then EMW at its option may procure such Services from an alternate provider until IBM is able to provide the Services. IBM will reimburse EMW for any reasonable payments to such alternate provider for such services, for the lesser of 180 days or the remainder of the Term or Termination Assistance Period; provided however, that if such Force Majeure Event continues for more than 60 consecutive days, EMW, at its option, may terminate this Agreement by providing IBM with a notice of termination. This Section does not affect IBM's obligation to provide disaster IBM Confidential May 12, 2000 Page 27 of 52 EMW Confidential Agreement recovery services, if any, to the extent set forth in the Agreement, provided that such Force Majeure Event does not also prevent IBM from providing such disaster recovery services. During the Force Majeure Event, EMW will continue to pay IBM's charges for the Services.