Common use of Critical Services Clause in Contracts

Critical Services. Without limiting ACE's rights under Section 20.1, if IBM commits a ------------ material breach which has a significant impact on ACE's ability to perform a material function required by ACE's business, and IBM is unable to provide a reasonable workaround or functionally cure such breach within three (3) ACE business days, or such longer period if such breach requires disaster recovery services as soon as such services are available, ACE may, in addition to its other remedies at law and in equity, obtain from a third party or provide for itself such services which will allow ACE to conduct ACE's business until IBM has cured the breach or this Agreement is terminated. To the extent ACE continues to pay the Annual Service Charges to IBM during the period of breach, IBM shall reimburse ACE for all costs and expenses of obtaining or providing such services for up to one hundred eighty (180) days.. The express inclusion of this remedy in this Section 20.2 does not ------------ limit ACE's right to use a similar remedy for other breaches by IBM of this Agreement.

Critical Services. Without limiting ACE's ’s rights under Section 20.1, if IBM commits a ------------ material breach which has a significant impact on ACE's ’s ability to perform a material function required by ACE's ’s business, and IBM is unable to provide a reasonable workaround or functionally cure such breach within three (3) ACE business daysBusiness Days, or such longer period if such breach requires disaster recovery services as soon as such services are available, ACE may, in addition to its other remedies at law and in equity, obtain from a third party or provide for itself such services which will allow ACE to conduct ACE's ’s business until IBM has cured the breach or this Agreement is terminated. To the extent ACE continues to pay the Annual Service Charges to IBM during the period of breach, IBM shall reimburse ACE for all costs and expenses of obtaining or providing such services for up to one hundred eighty (180) days.. . The express inclusion of this remedy in this Section 20.2 does not ------------ limit ACE's ’s right to use a similar remedy for other breaches by IBM of this Agreement.