Common use of Failure to Perform Obligations Clause in Contracts

Failure to Perform Obligations. Unless due to a Force Majeure Event excused by Section 9, the failure of Provider to perform or cause to be performed any obligation required to be performed by Provider under this Agreement or the failure of any representation and warranty set forth herein to be true and correct as and when made; provided, however, that if such failure by its nature can be cured, then Provider shall have a period of thirty (30) business days after receipt of written notice from Customer of such failure to Provider to cure the same and a Provider Default shall not be deemed to exist during such period; provided, further, that if Provider commences to cure such failure during such period and is diligently and in good faith attempting to effect such cure, said period shall be extended for one-hundred twenty (120) additional days;

Failure to Perform Obligations. Unless due to a Force Majeure Event excused by Section 9, the failure of Provider to perform or cause to be performed any material obligation required to be performed by Provider under this Agreement or the failure of any representation and warranty set forth herein to be true and correct in all material respects as and when made; provided, however, that if such failure by its nature can be cured, then Provider shall have a period of thirty (30) business days after receipt of written notice from Customer Host of such failure to Provider to cure the same and a Provider Default shall not be deemed to exist during such period; provided, further, that if Provider commences to cure such failure during such period and is diligently and in good faith attempting to effect such cure, said period shall be extended for one-hundred twenty (120) additional days;; or

Failure to Perform Obligations. Unless due to a Force Majeure Event excused by Section 99.2, the failure of Provider Seller to perform or cause to be performed any obligation required to be performed by Provider Seller under this Agreement or the failure of any representation and warranty set forth herein to be true and correct as and when made; provided, however, that if such failure by its nature can be cured, then Provider Seller shall have a period of thirty (30) business days after receipt of written notice from Customer Host of such failure to Provider Seller to cure the same and a Provider Seller Default shall not be deemed to exist during such period; provided, further, that if Provider Seller commences to cure such failure during such period and is diligently and in good faith attempting to effect such cure, said period shall be extended for one-one hundred twenty eighty (120180) additional days;