Common use of Alternate Source Clause in Contracts

Alternate Source. If any Force Majeure Event or Business Continuity Event prevents, hinders or delays performance of a Service for more than the applicable Recovery Time Objective set forth in the Business Continuity Plan or Disaster Recovery Plan (or, if no time frame is specified, more than 10 days after the date of such event), NAIC may authorize NAIC Group to procure such Services from an alternate source, or perform such Services for itself, and Cognizant Group shall reimburse NAIC Group for the reasonable costs and expenses in excess of the then-current Fees for such Services that are commercially reasonable under the circumstances and incurred by NAIC Group in procuring such Services, or NAIC Group’s reasonable out-of-pocket costs and expenses in excess of the then-current Fees for such Services to the extent NAIC Group performs such Services for itself for up to sixty days; provided, however, that if NAIC provides notice of termination of an SOW with respect to such Services, Cognizant Groups’ obligation to reimburse NAIC Group under this Section shall cease as of the date of such notice.