Common use of Standard for Service Clause in Contracts

Standard for Service. Except as otherwise provided in this Agreement, and provided that the Provider is not restricted by an existing contract with a third party or by Law, the Provider agrees to perform the Services such that the nature, quality, standard of care and the service levels at which such Services are performed are no less than the nature, quality, standard of care and service levels at which the substantially same services were performed by or on behalf of the Provider (which in the case of Newco and its Subsidiaries providing Services hereunder, shall mean the nature, quality, standard of care and service levels at which the substantially same services were performed by or on behalf of the Contributed Comcast Businesses for Comcast) prior to the Closing Date (or, if not so previously provided, then substantially the same as that applicable to similar services provided to the Provider’s Affiliates or other business components). Notwithstanding the foregoing, the nature, quality and standard of care that the Provider shall provide in delivering a Service shall be substantially the same as the nature, quality and standard of care that the Provider provides to its Affiliates and its other business components with respect to such Service. In the event there is any restriction on the Provider by an existing contract with a third party that would restrict the nature, quality or standard of care applicable to delivery of the Services, the Provider shall use its commercially reasonable efforts to seek to obtain a waiver of such restriction from such third party (it being understood that the Provider shall not be required to make any payments (unless the Recipient agrees to reimburse the Provider for such payments) or otherwise grant any accommodation to such third party in order to obtain such waiver) and, if such waiver is not obtained, the Provider shall use its commercially reasonable best efforts in good faith to provide such Services in a manner as closely as possible to the standards described in this Section 6.01.

Standard for Service. Except as otherwise provided in this Agreement, and provided that the Provider is not restricted by an existing contract with a third party or by Law, the Provider agrees to perform the Services such that the nature, quality, standard of care and the service levels at which such Services are performed are no less than the nature, quality, standard of care and service levels at which the substantially same services were performed by or on behalf of the Provider (which in the case of Newco and its Subsidiaries and its Affiliates providing Services hereunder, shall mean the nature, quality, standard of care and service levels at which the substantially same services were performed by or on behalf of the Contributed Comcast NBCU Businesses for ComcastGE) prior to the Closing Date (or, if not so previously provided, then substantially the same as that applicable to similar services provided to the Provider’s Affiliates or other business components). Notwithstanding the foregoing, the nature, quality and standard of care that the Provider shall provide in delivering a Service shall be substantially the same as the nature, quality and standard of care that the Provider provides to its Affiliates and its other business components with respect to such Service. In the event there is any restriction on the Provider by an existing contract with a third party that would restrict the nature, quality or standard of care applicable to delivery of the Services, the Provider shall use its commercially reasonable efforts to seek to obtain a waiver of such restriction from such third party (it being understood that the Provider shall not be required to make any payments (unless the Recipient agrees to reimburse the amount of any such payment and provides the Provider for in advance with the funds to enable the Provider to make such paymentspayment) or otherwise grant any accommodation to such third party in order to obtain such waiver) and, if such waiver is not obtained, the Provider shall use its commercially reasonable best efforts in good faith to provide such Services in a manner as closely as possible to the standards described in this Section 6.017.01.

Standard for Service. Except as otherwise provided in this Agreement, and provided that the Provider is not restricted by an existing contract with a third party or by Law, the Provider agrees to perform the Services such that the nature, quality, quality and standard of care and the service levels at which such Services are performed are no less than the nature, quality, standard of care and service levels at which the substantially same services were performed by or on behalf applicable to delivery of the Provider (which Services shall be substantially the same as that applicable to, in the case of Newco GE Services and its Subsidiaries providing any Additional Services hereunderto be provided by GE, shall mean those GE Services and any Additional Services to be provided by GE that GE provided to the natureBusiness or, quality, standard of care and service levels at which in the substantially same services were performed by or on behalf case of the Contributed Comcast Businesses for Comcast) Acquiror Services and any Additional Services to be provided by the Acquiror, those Acquiror Services and any Additional Services to be provided by the Acquiror that the Business provided to GE, in each case as of immediately prior to the Closing Date (or, if not so previously provided, then substantially the same as that applicable to similar services provided to the Provider’s Affiliates or other business components). Notwithstanding the foregoing, the nature, quality and standard of care that the Provider shall provide in delivering a Service shall be substantially the same as the nature, quality and standard of care that the Provider provides to its Affiliates and its other business components with respect to such Service. In the event there is any restriction on the Provider by an existing contract with a third party that would restrict the nature, quality or standard of care applicable to delivery of the Services, Services to be provided by the Provider shall use its commercially reasonable efforts to seek to obtain a waiver of such restriction from such third party (it being understood that the Provider shall not be required to make any payments (unless the Recipient agrees to reimburse the Provider for such payments) or otherwise grant any accommodation to such third party in order to obtain such waiver) and, if such waiver is not obtainedRecipient, the Provider shall use its commercially reasonable best efforts in good faith to provide such Services in a manner as closely as possible to the standards described in this Section 6.017.01.

Standard for Service. Except as otherwise provided in this Agreement, and provided that the Provider is not restricted by an existing contract with a third party or by Law, the Provider Seller agrees to perform use commercially reasonable efforts to provide, or cause to be provided, the Services such that the nature, quality, standard of care and the service levels at which such Services are performed are no less than substantially the same as the nature, quality, standard of care and service levels at which the substantially same services were performed by or on behalf of the Provider (which in the case of Newco and its Subsidiaries providing Services hereunder, shall mean the nature, quality, standard of care and service levels at which the substantially same services were performed by or on behalf of the Contributed Comcast Businesses for Comcast) Seller prior to the Closing Date (or, if not so previously provided, then substantially the same as that applicable to similar services provided performed by or on behalf of Seller); provided, however, that, subject to Section 6.2, nothing in this Agreement will require any Seller Entity to favor Recipient’s operation of its business over any Seller Entity’s own business operation. For the avoidance of doubt, Seller shall only provide those Services to the Providerextent consistent with Seller’s Affiliates applicable operating conditions, permits, licenses, business practices and any restrictions in any contract with any third party as in effect on the Closing or other business components). Notwithstanding from time to time thereafter, and any changes or modifications to the foregoing, the natureincluding as a result of any change in Law or requirements of any Governmental Entity, quality and standard of care that the Provider shall provide in delivering a Service shall be substantially the same as the nature, quality considered a modification pursuant to Section 6.6. Recipient acknowledges and standard of care agrees that the Provider provides to its Affiliates and its other business components with respect to such Service. In the event there is any restriction on the Provider by an existing contract with a third party that would restrict the nature, quality or standard of care applicable to delivery certain of the ServicesServices to be provided hereunder were, prior to Closing, performed for the Seller Entities by individuals who may no longer be employed by a Seller Entity as a result of the consummation of the transactions. Consequently, the Provider shall use its commercially reasonable efforts Parties agree (i) to seek to obtain a waiver of such restriction from such third party (it being understood that the Provider shall not be required to make any payments (unless the Recipient agrees to reimburse the Provider for such payments) or otherwise grant any accommodation to such third party in order to obtain such waiver) and, if such waiver is not obtained, the Provider shall use its commercially reasonable best efforts cooperate in good faith to ensure that the manner of Services provided by a Seller Entity remains substantially similar to the manner in which such services were provided prior to the Closing and (ii) that such cooperation may include Recipient’s provision of the relevant employees to Seller in order to provide such Services in a manner as closely as possible to the standards described in this Section 6.01Services.