Excused Events Sample Clauses

Excused Events. Any failure by ▇▇▇▇▇ to meet the KPI Target is excused to the extent to which it is caused by:

Excused Events. FIS will not be obligated or liable for a Service Level default that is attributable to any of the events listed below in this Section (each an “Excused Event”), although FIS will use commercially reasonable efforts to resume the Services after any Excused Event. FIS shall document the Excused Event and provide sufficient supporting information for Client to review and validate FIS’s determination. To the extent any non-availability or Incident would otherwise constitute a Service Level default but is attributable to circumstances that constitute an Excused Event, then notwithstanding anything to the contrary in this or any other Schedule to the Agreement or elsewhere, FIS shall be excused from any obligations to meet the corresponding Service Level associated with such Service Level default. 5.1.1 Equipment and Software owned or licensed by Client and managed by FIS, for which Client has elected not to pay maintenance; or Client pays maintenance and the vendor is unwilling or unable to support the Equipment or Software; in each case to the extent the lack of maintenance caused or contributes to the Service Level Event;

Excused Events. The following types of events are excluded from the calculation of the KPI:

Excused Events. IBM will be excused from a failure to provide a Service in accordance with this Schedule B if and to the extent that: (a) such failure is excused as a Force Majeure Event pursuant to Section 19.3 of the Agreement; or (b) such failure is caused by (i) an action or omission of MSDW, or (ii) an action or omission of MSDW's third party vendors to the extent that such action or omission is not within the scope of those management or other responsibilities that IBM has assumed under the Agreement with respect to such third party vendors that materially adversely affects IBM's ability to perform the Services hereunder or to meet its obligations in a timely manner, and to the extent upon learning of such problem IBM: (i) promptly notifies MSDW of the problem and, if known, the acts or omissions believed to be causing such problem and their ramifications; (ii) promptly takes commercially reasonable steps to mitigate the adverse impact of the acts or omissions on the Services; and (iii) works with MSDW or such third party vendor(s) (if any) diligently and in good faith to avoid, minimize and circumvent such problem or delay to the Services. MSDW, upon learning of any problem which may adversely impact or affect the Services, will: (i) promptly notify IBM of the problem and, if known, of the acts or omissions believed to be causing such problem and their ramifications; (ii) promptly take commercially reasonable steps to mitigate the adverse impact of the acts or omissions on the Services; and (iii) work with IBM and instruct its third party vendor(s) (if any) to work with IBM diligently and in good faith to avoid, minimize and circumvent such problem or delay.