Customer Failure definition
Examples of Customer Failure in a sentence
In the event of a Customer Failure which results in an Excused Performance Failure, Vendor will, as soon as reasonably possible under the circumstances, (i) give Customer notice of the Customer Failure and the Excused Performance Failure, and (ii) use reasonable efforts to provide the Services, and to otherwise mitigate the adverse consequences of the Customer Failure.
In addition to the excused performance contemplated under Section 14 (Force Majeure), Vendor will be excused from failures to: (i) perform or provide any services, or (ii) meet any obligations described in this Agreement if (A) Customer fails to perform Customer’s responsibilities as identified in any Work Order or in any other provisions of this Agreement (collectively, a “Customer Failure”), and (B) such Customer Failure directly causes Vendor’s failure to perform (an “Excused Performance Failure”).
A Customer Failure includes the failure of Customer to purchase application support maintenance coverage with respect to Customer owned or licensed software applications to the extent such lack of application maintenance support causes such failure.