Common use of Excused Events Clause in Contracts

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. 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.. (PID # 224877) Page 24 of 34 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;