Substitute Services; Termination. If any event described in Section 18.2(a) has substantially prevented, hindered, or delayed, or is reasonably expected to substantially prevent, hinder, or delay the performance by Successful Respondent of Services necessary for the performance of critical DIR or DIR Customer functions for longer than the recovery period specified in the applicable disaster recovery plan or, if there is no such specified recovery period, twenty-four (24) hours, Successful Respondent shall, unless and until otherwise directed by DIR, use commercially reasonable efforts to procure such Services from an alternate source at Successful Respondent’s expense for so long as the delay in performance shall continue, up to the Charges actually paid to Successful Respondent for the Services with respect to the period of non- performance. If Successful Respondent is unable to procure such substitute services on an expedited basis or DIR elects to contract directly for such services, DIR may procure such Services from an alternate source at DIR's expense. In addition, if any event described in Section 18.2(a) substantially prevents, hinders or delays the performance by Successful Respondent of Services necessary for the performance of critical DIR functions (i) for more than seven (7) days, then DIR may, upon notice to Successful Respondent, terminate all or any portion of the Services so affected (including portions that are no longer required if the impacted portion is terminated) as of the termination date specified in the notice; or (ii) for more than fifteen (15) days, then DIR may, upon notice to Successful Respondent, terminate this Agreement, in whole or in part, as of the termination date specified in the notice. Successful Respondent shall not have the right to additional payments or increased usage charges as a result of any force majeure occurrence affecting Successful Respondent’s ability to perform.
Substitute Services; Termination. If any Force Majeure Event has substantially prevented, hindered or delayed or is reasonably expected to substantially prevent, hinder or delay the performance by Contractor of Services necessary for the performance of critical AOC functions for longer than the recovery period specified in the applicable Disaster Recovery Plan or, if there is no such specified recovery period, twenty-four (24) hours, Contractor shall, unless and until otherwise directed by AOC, use commercially reasonable efforts to procure such Services from an alternate source at Contractor’s expense for so long as the delay in performance shall continue, up to the Charges actually paid to Contractor for the Services with respect to the period of non-performance. In addition, if any Force Majeure Event substantially prevents, hinders or delays the performance by Contractor of Services necessary for the performance of critical AOC functions for more than thirty (30) days, and not caused by AOC, then AOC may, upon notice to Contractor, terminate this Agreement in its entirety or any portion of the Services so affected (including portions that are no longer required if the impacted portion is terminated) as of the termination date specified in the notice.
Substitute Services; Termination. If any event described in Section 18.2(a) has substantially prevented, hindered or delayed or is reasonably expected to prevent, hinder or delay the performance by Supplier or one of its Subcontractors of Services necessary for the performance of critical ABM or Eligible Recipient functions for longer than the recovery period specified in the applicable disaster recovery plan, ABM may procure such Services from an alternative source, and Supplier shall be liable for payment for such services from the alternate source for so long as the delay in performance shall continue up to 180 days; provided that, ABM continues to pay the applicable Charges for all Services that it continues to receive from Supplier or an alternate source at Supplier’s expense. In addition, if any event described in Section 18.2(a) substantially prevents, hinders or delays the performance by Supplier, its Subcontractors or an alternate source paid by Supplier of Services necessary for the performance of critical ABM or Eligible Recipient functions (i) for more than five (5) days, ABM, at its option, may terminate any portion of this Agreement so affected (provided that, to the extent ABM terminates on this basis, it shall pay the Wind Down Charges specified in Sections 2(a) and (b) of Schedule N) and the charges payable hereunder shall be equitably adjusted to reflect those terminated Services; or (ii) for more than ten (10) days, ABM, at its option, may terminate this Agreement in its entirety (provided that, to the extent ABM terminates on this basis, it shall pay the Wind Down Charges specified in Sections 2(a) and (b) of Schedule N for the impacted Functional Service Areas and the Wind Down Charges specified in Sections 2(a), (b) and (c) of Schedule N for all other Functional Service Areas). Supplier shall not have the right to additional payments or increased usage charges as a result of any force majeure occurrence affecting Supplier’s ability to perform.
Substitute Services; Termination. If any event described in Section 11.2.1 General has substantially prevented, hindered, or delayed, or is reasonably expected to substantially prevent, hinder, or delay the performance by Successful Respondent of Services necessary for the performance of critical DIR or DIR Customer functions for longer than the recovery period specified in the applicable disaster recovery plan or, if there is no such specified recovery period, twenty-four (24) hours, Successful Respondent shall, unless and until otherwise directed by DIR, use commercially reasonable efforts to procure such Services from an alternate source at Successful Respondent’s expense for so long as the delay in performance shall continue, up to the Charges actually paid to Successful Respondent for the Services with respect to the period of non- performance. If Successful Respondent is unable to procure such substitute services on an expedited basis or DIR elects to contract directly for such services, DIR may procure such Services from an alternate source at DIR's expense. In addition, if any event described in Section 11.2.1 General substantially prevents, hinders or delays the performance by Successful Respondent of Services necessary for the performance of critical DIR functions:
Substitute Services; Termination a) If any Force Majeure Event described above has substantially prevented, hindered, or delayed, or is reasonably expected to substantially prevent, hinder, or delay the performance by Successful Respondent of Services necessary for the performance of critical DIR or Customer functions for longer than twenty-four (24) hours, Successful Respondent shall, unless and until otherwise directed by DIR, use commercially reasonable efforts to procure such Services from an alternate source at Successful Respondent’s expense for so long as the delay in performance shall continue, up to the Charges actually paid to Successful Respondent for the Services with respect to the period of nonperformance. If Successful Respondent is unable to procure such substitute Services on an expedited basis or DIR or Customer elects to contract directly for such Services, DIR or Customer may procure such Services from an alternate source at DIR's or Customer’s expense.
Substitute Services; Termination. If any event described in Section 21.1(a) (General) has prevented, hindered or delayed or is reasonably expected to prevent, hinder or delay the performance by CSC or the CSC Personnel of Services for longer than the recovery period specified in the applicable disaster recovery plan or for more than ten (10) Business Days, then Sears may require CSC, to the extent practicable, to promptly procure such Services from an alternate source.
Substitute Services; Termination a) If any Force Majeure Event described above has substantially prevented, hindered, or delayed, or is reasonably expected to substantially prevent, hinder, or delay the performance by Successful Respondent of Services necessary for the performance of critical DIR or Customer functions for longer than twenty-four (24) hours, Successful Respondent shall, unless and until otherwise directed by DIR, use commercially reasonable efforts to procure such Services from an alternate source at Successful Respondent’s expense for so long as the delay in performance shall continue, DocuSign Envelope ID: E811F504-B4CA-4770-8F6C-B19E5F631500 DIR Contract No. DIR-TELE-CTSA-016 Vendor Contract No. up to the Charges actually paid to Successful Respondent for the Services with respect to the period of nonperformance. If Successful Respondent is unable to procure such substitute Services on an expedited basis or DIR or Customer elects to contract directly for such Services, DIR or Customer may procure such Services from an alternate source at DIR's or Customer’s expense.
Substitute Services; Termination. If any event described in Section 18.2(a) has substantially prevented, hindered or delayed or is reasonably expected to substantially prevent, hinder or delay the performance by Supplier or one of its Subcontractors of Services of one or more of the critical functions described in the applicable disaster recovery plan (“Critical Functions”) for longer than the recovery period specified in such disaster recovery plan Supplier shall, unless and until otherwise directed by New Century, use commercially reasonable efforts to procure such Services from an alternate source at Supplier’s expense for so long as the delay in performance shall continue, up to the Charges actually paid to Supplier for the Services with respect to the period of non-performance. If Supplier is unable to procure such substitute services on an expedited basis or New Century elects to contract directly for such services, New Century may procure such Services from an alternate source at New Century’s expense. In addition, if any event described in Section 18.2(a) substantially prevents the performance by Supplier or one of its Subcontractors of Services necessary for the performance of Critical Functions (i) for more than five (5) consecutive days, New Century, at its option, may terminate a sub-Functional Service Area (i.e., HR Admin, Payroll, Recruiting, Procurement or Accounts Payable) impacted as described above by such force majeure event without payment of any Termination Charges and the charges payable hereunder shall be equitably adjusted to reflect those terminated Services; or (ii) for more than thirty (30) days, New Century, at its option, may terminate this Agreement in its entirety subject to payment of the applicable Termination Charges (i.e., to the extent New Century terminates a sub-Functional Service Area impacted as described above, New Century shall pay no Termination Charge and, to the extent New Century terminates a sub-Functional Service Area not impacted by such force majeure event, New Century shall pay the applicable Reduced Termination Charge). Supplier shall not have the right to additional payments or increased usage charges as a result of any force majeure occurrence affecting Supplier’s ability to perform.
Substitute Services; Termination. In addition to T-Mobile’s rights under Section 4.1(e) (Step-In Rights), if any event described in Section 19.3(a) substantially prevents, hinders, or delays the performance by Provider or one of its Subcontractors of Services necessary for the performance of critical T-Mobile functions, T-Mobile may procure such Services from an alternative source, and until such time as Provider can resume providing the Services. In addition, if any event described in Section 19.3(a) substantially prevents, hinders or delays the performance by Provider or one of its Subcontractors of Services necessary for the performance of critical T-Mobile functions (i) for more than five (5) days, and such Services are available from an alternative source, T-Mobile, at its option, may terminate any portion of this Agreement or an SA so affected (unless an SA requires the termination of all Services within a bundle, in which case T-Mobile must terminate all Services within that bundle) without payment of Termination Charges and the charges payable hereunder shall be equitably adjusted to reflect those terminated Services; or (ii) for more than ten (10) days and such Services are available from an alternative source, T-Mobile, at its option, may terminate this Agreement in its entirety without payment of Termination Charges. Provider shall not have the right to additional payments or increased usage charges as a result of any Force Majeure Event affecting Provider’s ability to perform.
Substitute Services; Termination. If any event described in Section 18.2(a) results in a material disruption in the performance of Services or has substantially prevented, hindered or delayed or is reasonably expected to substantially prevent, hinder or delay the performance by Supplier or one of its Subcontractors of Services necessary for the performance of critical Triad or Eligible Recipient functions specified in Schedule S for longer than the applicable recovery period specified in the disaster recovery plan set forth in Schedule S (as such plan is amended from time to time) or, if there is no such recovery period specified in Schedule S for such event, [**], Triad or Supplier may procure such Services from an alternate source, [**]. In addition, if any event described in Section 18.2(a) results in a material disruption in the performance of Services or substantially prevents, hinders or delays the performance by Supplier or one of its Subcontractors of any Functional Service Area or any Services necessary for the performance of critical Triad or Eligible Recipient functions as specified or described in Schedule S: (i) for more than [**] days after the applicable recovery times in the disaster recovery plan [**]; or (ii) for more than [**] days after the applicable recovery times in the disaster recovery plan [**]. Supplier shall not have the right to additional payments or increased usage charges as a result of any force majeure occurrence affecting Supplier’s ability to perform. At such time Supplier resumes, providing the Services in accordance with this Agreement that were so prevented, hindered or delayed, any such unexercised termination right shall expire with respect to such force majeure event.
