Common use of Stranded Costs Clause in Contracts

Stranded Costs. (a) The Parties shall, while: (i) agreeing and finalizing the scope and operation of the Integration Plans and Integration Projects in accordance with Clause 2.2(b); and (ii) completing the Integration Projects in accordance with Clause 2.2(c), act reasonably and in good faith to avoid, or mitigate to the extent reasonably possible in the circumstances, any stranded or additional costs for the Service Provider as a result of the Integration (the Stranded Costs). (b) Subject to Clauses 2.7(a) and 2.7(c), the Parties acknowledge and agree that there may be certain identifiable: (i) Stranded Costs; and/or (ii) circumstances that may result in Stranded Costs ((i) and (ii) comprising the Identified Stranded Costs), and the Party liable for any such Identified Stranded Costs shall be set out in the relevant Integration Plan and/or Integration Project. (c) To the extent that the Service Recipient: (i) fails to comply with its obligations under any Integration Plan or Integration Project; (ii) requests any change to the implementation of any Integration Plan and/or Integration Project; or (iii) takes any other action, which, in each case, results in any additional cost in excess of an estimated Identified Stranded Cost, or any stranded cost that is not an Identified Stranded Cost, the Service Recipient shall bear that additional or stranded cost.

Appears in 3 contracts

Sources: Transitional Services Agreement (Alcon Inc), Transitional Services Agreement (Alcon Inc), Transitional Services Agreement (Alcon Inc)