Nonperformance. To the extent any nonperformance by either Party of its obligations under this Agreement results from or is caused by the other Party's failure to perform its obligations under this Agreement, such nonperformance shall be excused.
Appears in 2 contracts
Sources: Professional Services, Receiving, Warehousing and Physical Distribution Services Agreement (Footstar Inc)
Nonperformance. To the extent any nonperformance by either Party of its nonmonetary obligations under this Agreement results from or is caused by the other Party's failure to perform its obligations under this Agreement, such nonperformance shall be excused.
Appears in 2 contracts
Sources: Information Technology Services Agreement (Optimark Technologies Inc), Systems Operations Services Agreement (Ceridian Corp)
Nonperformance. To Except as otherwise provided in this Agreement, to the extent any nonperformance by either Party of its nonmonetary obligations under this Agreement results from or is caused by the other Party's failure to perform its obligations under this Agreement, such nonperformance shall be excused.
Appears in 2 contracts
Sources: Information Systems Management Agreement (Flagstar Companies Inc), Information Systems Management Agreement (Simione Central Holdings Inc)
Nonperformance. To the extent any nonperformance by either Party party of its obligations under this Agreement results from or is caused by the other Partyparty's failure to perform its obligations under this Agreement, such nonperformance shall be excused.
Appears in 2 contracts
Sources: Purchase Agreement (Atroad Inc), Wireless Network Services Agreement (Atroad Inc)
Nonperformance. To the extent any nonperformance by either Party of its nonmonetary obligations under this Amended Agreement results from or is caused by the other Party's failure to perform its obligations under this Amended Agreement, such nonperformance shall be excused.
Appears in 1 contract
Sources: Agreement for Systems Operations Services (Dean Witter Discover & Co)
Nonperformance. To Except as otherwise provided in the Agreement, to the extent any nonperformance by either Party of its nonmonetary obligations under this the Agreement results from or is caused by the other Party's failure to perform its obligations under this the Agreement, such nonperformance shall be excused.
Appears in 1 contract
Sources: Master Agreement for Operations Support Services (Equifax Inc)
Nonperformance. To the extent any nonperformance by either Party of its nonmonetary obligations under this the Agreement results from or is caused by the other Party's ’s failure to perform its obligations under this the Agreement, such nonperformance shall be excused.
Appears in 1 contract
Sources: Master Agreement for Operations Support Services (Certegy Inc)
Nonperformance. To the extent any nonperformance by either Party of its nonmonetary obligations under this the Agreement results from or is caused by the other Party's failure to perform its obligations under this the Agreement, such nonperformance shall be excused.
Appears in 1 contract
Sources: Master Agreement for Operations Support Services (Fidelity National Information Services, Inc.)
Nonperformance. To Except as otherwise provided in the Agreement, to the extent any nonperformance by either Party party of its no monetary obligations under this the Agreement results from or is caused by the other Party's party’s failure to perform its obligations under this the Agreement, such nonperformance shall be excused.
Appears in 1 contract
Sources: Banking Information Technology Services Agreement (Riggs National Corp)
Nonperformance. To the extent any nonperformance by either Party of is not able to perform its nonmonetary obligations under this Agreement results from or is caused by as a result of the other Party's failure to perform its obligations under this Agreement, such nonperformance shall be excused.
Appears in 1 contract
Sources: Information Technology Services Agreement (Advo Inc)