Common use of Vendor Performance Issues Clause in Contracts

Vendor Performance Issues. Incumbent will select and contract directly with any vendor or service provider performing work required to reconfigure the Incumbent’s existing facilities to operate on the Replacement Frequencies. Neither the Transition Administrator nor Nextel will be responsible for, or assume the risk of any failure of that Vendor to perform its obligations under any contract entered into between Incumbent and such Vendor in connection with the Reconfiguration contemplated by this Agreement. Notwithstanding the foregoing, in the event of an Incumbent system failure that occurs as a result of work performed by ▇▇▇▇▇▇ (f/k/a M/A-Com) under this Agreement to effect the Reconfiguration, if such failure is deemed not to provide comparable facilities (as determined by the Parties), Nextel will reimburse Incumbent (in an amount as determined by the Parties) to provide comparable facilities, only if ▇▇▇▇▇▇, under its agreement with Incumbent, fails to promptly correct or remedy such system failure. Any Incumbent system failure claim related to this Section 19 must be delivered by Incumbent to Nextel prior to the Reconciliation Date or Nextel’s obligation to reimburse Incumbent for all claims related to this Section and not delivered shall expire.