Common use of Third Party Limitations Clause in Contracts

Third Party Limitations. Each Party acknowledges and agrees that the Petro-Technical Services provided by Atlas through third parties or using third party Intellectual Property are subject to the terms and conditions of any applicable agreements between Atlas and such third parties. Atlas shall use commercially reasonable efforts to (i) obtain any necessary consents from such third parties in order to provide such Petro-Technical Services or (ii) if any such consent is not obtained, provide acceptable alternative arrangements to provide the relevant Petro-Technical Services sufficient for AHD’s and Resource’s purposes. All costs associated with (i) and (ii) above shall be borne by AHD or Resources, as applicable; provided that such costs shall not be incurred without the prior written consent (which may be provided by electronic mail) of AHD or Resources, as applicable. If any such acceptable alternative arrangement is not reasonably available or AHD or Resources, as applicable, does not consent in writing to pay such additional costs, the Parties shall negotiate in good faith reasonable modifications of the Petro-Technical Services such that such consents are not required for the performance of such affected Petro-Technical Services or, if after such good-faith negotiation the Parties are unable to agree upon such modifications, Atlas shall not be required to provide such Petro-Technical Service.