Standard of Performance; Limitation of Liability. (a) The Services to be provided hereunder shall be performed with the same general degree of care, at the same general level and at the same general degree of accuracy and responsiveness, as when performed within the RemainCo organization (including, for this purpose, SpinCo and the SpinCo Group) prior to the date of this Agreement. It is understood and agreed that SpinCo and the members of the SpinCo Group are not professional providers of the types of services included in the Services and that SpinCo personnel performing Services have other responsibilities and will not be dedicated full-time to performing Services hereunder.
Appears in 4 contracts
Samples: Transition Services Agreement (Babcock & Wilcox Enterprises, Inc.), Transition Services Agreement (Babcock & Wilcox Enterprises, Inc.), Transition Services Agreement
Standard of Performance; Limitation of Liability. (a) The Services to be provided hereunder shall be performed with the same general degree of care, at the same general level and at the same general degree of accuracy and responsiveness, as when performed within the RemainCo organization (including, for this purpose, SpinCo and the SpinCo Group) prior to the date of this Agreement. It is understood and agreed that SpinCo RemainCo and the members of the SpinCo RemainCo Group are not professional providers of the types of services included in the Services and that SpinCo RemainCo personnel performing Services have other responsibilities and will not be dedicated full-time to performing Services hereunder.
Appears in 2 contracts
Samples: Transition Services Agreement (Babcock & Wilcox Enterprises, Inc.), Transition Services Agreement (Babcock & Wilcox Enterprises, Inc.)