Common use of Alternative Services Clause in Contracts

Alternative Services. Notwithstanding any provision of this Agreement to the contrary, COMPANY may utilize the services of an alternative vendor or supplier in the case where (a) MEDAIRE has shown a pattern in the course of this Agreement where it has not provided acceptable products and/or services, (b) COMPANY has notified MEDAIRE of this fact in writing in accordance with the notice provisions set out below at each point during the process by which MEDAIRE has demonstrated the pattern set out in subsection a below, and (c) COMPANY has a good faith basis to believe that MEDAIRE will be unable to perform the service or provide the product in an acceptable manner and COMPANY has a good faith basis to believe that MEDAIRE’s failure to do so will cause irreparable injury to COMPANY. Nothing herein shall permit COMPANY to terminate this entire Agreement under the provisions of this subparagraph.

Alternative Services. Notwithstanding any provision of this Agreement to the contrary, COMPANY may utilize the services of an alternative vendor or supplier in the case where (a) MEDAIRE MedAire has shown a pattern in the course of this Agreement where it has not provided acceptable products and/or services, (b) COMPANY has notified MEDAIRE MedAire of this fact in writing in accordance with the notice provisions set out below at each point during the process by which MEDAIRE MedAire has demonstrated the pattern set out in subsection a below, and (c) COMPANY has a good faith basis to believe that MEDAIRE MedAire will be unable to perform the service or provide the product in an acceptable manner and COMPANY has a good faith basis to believe that MEDAIREMedAire’s failure to do so will cause irreparable injury to COMPANY. Nothing herein shall permit COMPANY to terminate this entire Agreement under the provisions of this subparagraph.