Common use of Default by the Customer Clause in Contracts

Default by the Customer. 5.1 If the Customer fails to meet any of the Dependencies set out in a Statement of Work, the Service Provider shall notify the Customer of its failure to meet such Dependency, and which Services and/or Milestones are affected by such failure. 5.2 If the Service Provider would have met the relevant Milestones or Service Levels, or would have provided the Services or Deliverables in accordance with the Statement of Work and/or this Agreement, but has failed to do so as a result of the Customer failing to meet a Dependency, the Service Provider shall have the relief set out in clause 5.3. 5.3 Provided that the Service Provider has given the Customer notice in accordance with clause 5.1, then: 5.3.1 the relevant Milestone Dates will be extended by a period of time equal to the time between the notice in 5.1 being received by the Customer and the relevant Dependency subsequently being met; 5.3.2 for the period of time equal to the time that the Customer failed to meet the relevant Dependency and such Dependency subsequently being met, the Service Provider will not be in default of this Agreement and/or the relevant Statement of Work, nor will it be liable for any failure to meet Milestones or Service Levels, or failure to provide the Services and/or Deliverables.