Common use of Condition to Performance Clause in Contracts

Condition to Performance. Recipient acknowledges and agrees that Provider shall not be responsible for any failure to provide Services to the extent that such failure results from Recipient’s breach of this Agreement, including its obligations under Section 2.10, or to the extent that such failure is pursuant to a suspension of a Service that is in accordance with Section 2.11(a)(i) or Section 10.16. Provider shall promptly notify Recipient in writing of any such breach or suspension of which it becomes aware.