Common use of Failure to Provide Service Clause in Contracts

Failure to Provide Service. In the event that OmniCell fails to provide Service to Baxter in accordance with the terms and conditions contained in this Agreement for any reason (other than an event of Force Majeure as described in Section 7.3 of this Agreement) , OmniCell shall reimburse Baxter the cost of obtaining substitute services from an alternative source, as described below: (I) Baxter shall take all commercially reasonable steps to obtain services with respect to the Product from an alternative service provider at the lowest price available during any period in which OmniCell is unable to provide Service.

Appears in 2 contracts

Sources: Asset Purchase Agreement (Omnicell Inc /Ca/), Asset Purchase Agreement (Omnicell Com /Ca/)