Common use of Customer Cause Clause in Contracts

Customer Cause. In the event that ▇▇▇▇▇▇’s non-conformance with an obligation is due to Customer Cause, Tribal: (a) shall be entitled to relief from liability; (b) shall be entitled to additional time for delivery of the Services and may delay, postpone or revise any deadline, milestone, timeline, plan or obligation taking into account the consequences caused by the Customer Cause; (c) may amend any Implementation Services to reflect any consequences caused by the Customer Cause; (d) shall be entitled to claim payment of fees and additional expenses it has incurred as a result of the Customer Cause; and (e) shall be entitled to invoice for Fees for Services delivered, notwithstanding that a milestone has not yet been achieved and/or a Fee is not yet due for payment in accordance with a Payment Term, provided that Tribal uses Commercially Reasonable Efforts to mitigate the impact resulting from the Customer Cause.

Appears in 1 contract

Sources: General Terms Agreement

Customer Cause. In the event that ▇▇▇▇▇▇’s non-Tribal can demonstrate that its non- conformance with an obligation is due was caused or attributed to the acts and/or omissions of the Customer (Customer Cause), Tribal: (a) shall not be entitled to relief from liabilityin breach of this Agreement; (b) shall be entitled to additional time for delivery of the Services and may delay, postpone or revise any deadline, milestone, timeline, plan or obligation taking into account the consequences caused by the Customer Cause; (c) may amend any Implementation Services to reflect any consequences caused by the Customer Cause; (d) shall be entitled to claim payment of fees and additional expenses Fees it has incurred as a result of the Customer Cause; and (e) shall be entitled to invoice for Fees for Services delivered, notwithstanding that a milestone has not yet been achieved and/or a Fee is not yet due for payment in accordance with a Payment Term, ; provided that Tribal ▇▇▇▇▇▇ uses Commercially Reasonable Efforts reasonable endeavours to mitigate the impact resulting from the Customer Cause.

Appears in 1 contract

Sources: Software Agreement