Common use of Delays or Failures Clause in Contracts

Delays or Failures. If either party’s breach of its obligations under this Agreement (the “Originating Party”) directly causes the other party’s (“Recipient Party”) failure to perform or delay in performing any Service, then the Recipient Party shall be deemed not to be in breach of this Agreement, nor shall such Recipient Party be obligated to make a payment for such failure or delay, but only if the Recipient Party promptly notifies the Contract Manager of the Originating Party (with written notice delivered within three business days after oral notice) of the Originating Party’s act or omission and of the Recipient Party’s failure or delay in performing under the circumstances.