Common use of Committed Resource Issue Clause in Contracts

Committed Resource Issue. If: (a) (i) HDS receives a Slippage Notice, or (ii) HDS in good faith reasonably believes or has knowledge that a Slippage has occurred, because BlueArc has reallocated human or other resources that BlueArc committed to provide to HDS in connection with BlueArc’s obligations under Exhibit Q and (b) BlueArc has failed to attend a meeting requested by HDS regarding the foregoing Slippage within * * * of the HDS request, then an HDS officer may request a face-to-face or telephonic meeting(s) between executive officers of both Parties for a period not to exceed * * * to attempt in good faith to correct, cure or otherwise agree on a mutually acceptable solution. If BlueArc’s executive officer fails to be available to meet within * * * of HDS’ request, and/or after the Parties have met for * * * as required by this Section they have not reached a mutually acceptable solution, then HDS may notify BlueArc that it is in Material Breach under this Agreement and HDS may exercise its rights and remedies pursuant to Section 16.1. For clarification purposes, provided that HDS has notified BlueArc pursuant to this Section and Section 16.1, * * *. Reallocation or reprioritization of resources by mutual agreement shall not be covered under this Section.

Appears in 2 contracts

Sources: Master Distribution Agreement (Bluearc Corp), Master Distribution Agreement (Bluearc Corp)