Common use of Access; Use Clause in Contracts

Access; Use. All access by Provider to the Purchasing Entity Network, and all password and login information, is subject to the Purchasing Entity’s access guidelines and may be set forth in a Purchasing Entity network access policy provided to Provider. For system-to-system and remote troubleshooting and technical support access, the parties shall agree on the applicable access guidelines necessary for the service at the time. The Purchasing Entity does not warrant that the Purchasing Entity Network will be operational, and the fact that the Purchasing Entity Network is not operational at any given time shall not constitute a defense to Provider's nonperformance; provided, however, that delay in delivery of any Services will be excused by a period of time equal to the time during which the Purchasing Entity Network is non-operational, to the extent that such delay was caused solely by Provider's inability to access the Purchasing Entity Network. Provider releases and discharges the Purchasing Entity from all liability of any nature whatsoever arising out of Provider's use of or reliance on the Purchasing Entity Network.