Common use of Lack of Diligence Clause in Contracts

Lack of Diligence. Any material failure by Xcel to fulfill a diligence obligation set forth in this Section 6 will be deemed a material breach of this Agreement. Xcel’s fulfillment of the diligence obligations set forth in Sections 6.2 and 6.3 will be taken into account when determining whether Xcel has fulfilled its obligations set forth in Section 6.1, but will not be considered conclusive proof that such obligations have also been fulfilled.