Common use of Company Remedies Clause in Contracts

Company Remedies. Except as otherwise provided in subparagraph 8.2 hereof, RMR does not assume any responsibility under this Agreement other than to render the Services called for under this Agreement in good faith. Except as otherwise provided in subparagraph 8.2 hereof, the Company's remedy on account of the failure of RMR to render the Services as and when required hereunder shall be to terminate this Agreement; provided however, that if RMR acts with willful bad faith or gross negligence, the Company's remedy shall be to procure services elsewhere and to charge RMR the difference between the reasonable increased cost, if any, to procure new services, and the Service Fee, pro-rated, that would have been payable to RMR had RMR performed such Services under this Agreement.

Appears in 2 contracts

Samples: Form of Shared Services Agreement (Five Star Quality Care Inc), Shared Services Agreement (Five Star Quality Care Inc)

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Company Remedies. Except as otherwise provided in subparagraph 8.2 subsection 7.2 hereof, RMR does not assume any responsibility under this Agreement other than to render the Services called for under this Agreement in good faith. Except as otherwise provided in subparagraph 8.2 subsection 7.2 hereof, the Company's remedy on account of the failure of RMR to render the Services as and when required hereunder shall be to terminate this Agreement; provided however, that if RMR acts with willful bad faith or gross negligence, the Company's remedy shall be to procure services elsewhere and to charge RMR the difference between the reasonable increased cost, if any, to procure new services, and the Service Fee, pro-rated, that would have been payable to RMR had RMR performed such Services under this Agreement.

Appears in 2 contracts

Samples: Management and Shared Services Agreement (Travelcenters of America LLC), Management and Shared Services Agreement (Travelcenters of America LLC)

Company Remedies. Except as otherwise provided in subparagraph 8.2 subsection 7.2 hereof, RMR does not assume any responsibility under this Agreement other than to render the Services called for under this Agreement in good faith. Except as otherwise provided in subparagraph 8.2 subsection 7.2 hereof, the Company's ’s remedy on account of the failure of RMR to render the Services as and when required hereunder shall be to terminate this Agreement; provided however, that if RMR acts with willful bad faith or gross negligence, the Company's ’s remedy shall be to procure services elsewhere and to charge RMR the difference between the reasonable increased cost, if any, to procure new services, and the Service Fee, pro-rated, that would have been payable to RMR had RMR performed such Services under this Agreement.

Appears in 2 contracts

Samples: And Shared Services Agreement (Travelcenters of America LLC), Business Management and Shared Services Agreement (Travelcenters of America LLC)

Company Remedies. Except as otherwise provided in subparagraph 8.2 9.2 hereof, RMR does not assume any responsibility under this Agreement other than to render the Services called for under this Agreement in good faith. Except as otherwise provided in subparagraph 8.2 9.2 hereof, the Company's ’s remedy on account of the failure of RMR to render the Services as and when required hereunder shall be to terminate this Agreement; provided however, that if RMR acts with willful bad faith or gross negligence, the Company's ’s remedy shall be to procure services elsewhere and to charge RMR the difference between the reasonable increased cost, if any, to procure new services, and the Service Fee, pro-rated, that would have been payable to RMR had RMR performed such Services under this Agreement.

Appears in 2 contracts

Samples: And Shared Services Agreement (Five Star Quality Care Inc), Business Management and Shared Services Agreement (Five Star Quality Care Inc)

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Company Remedies. Except as otherwise provided in subparagraph 8.2 subsection 7.2 hereof, RMR does not assume any responsibility under this Agreement other than to render the Services called for under this Agreement in good faith. Except as otherwise provided in subparagraph 8.2 subsection 7.2 hereof, the Company's ’s remedy on account of the failure of RMR to render the Services as and when required hereunder shall be to terminate this Agreement; provided however, that if RMR acts with willful bad faith or gross negligence, the Company's ’s remedy shall be to procure services elsewhere and to charge RMR the difference between the reasonable increased cost, if any, to procure new services, and the Service Fee, pro-rated, that would have been payable to RMR had RMR performed such Services under this Agreement.

Appears in 1 contract

Samples: Management and Shared Services Agreement (Travelcenters of America LLC)

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