Common use of PERFORMANCE DELAYS Clause in Contracts

PERFORMANCE DELAYS. Lunchbox will use commercially reasonable efforts to provide the Implementation Services to Customer as described in the applicable Service Order. The ability of Lunchbox to perform its responsibilities depends on the fulfillment of the assumptions and the Customer and third party responsibilities described in a Service Order or otherwise in this Agreement. To the extent any assumptions are unmet or delays in the Implementation Services arise as a result of Customer’s or a third party’s delay, or if Customer fails to perform any of its obligations under this Agreement or any Service Order, including any payment obligations then, without prejudice to its other rights and remedies, Lunchbox may extend the performance schedule under any Service Order and charge additional amounts in respect to incremental effort or expense incurred, provided that Lunchbox first provides prior notice to Customer regarding the potential schedule or fee impact as soon as such an impact is reasonably foreseeable. Lunchbox reserves the right to reassign resources due to Customer delays, and Lunchbox will determine when resources can resume after Customer has satisfied its obligations, which will also result in extensions to project timelines. Lunchbox will have no liability for any costs or expenses resulting from such delays.