PERFORMANCE AND DELIVERY. Contractor shall perform the Services as set forth in the Statement of Work, according to the Delivery Schedule and the standards and methodologies set forth in the Statement of Work. If this Contract requires Agency to provide any resources, and Agency fails to provide the requisite quality or quantity of such resources, or fails to provide such resources in a timely manner but for a period not to exceed 30 days, Contractor's sole remedy shall be an extension of the applicable delivery dates corresponding to the delay caused by Agency's failure. If Agency's failure to provide such resources exceeds [30 thirty] days and Contractor can show to the reasonable satisfaction of Agency, that the Agency's failure has resulted in an unavoidable increase in the cost of the Services required for the Statement of Work then Contractor shall be entitled to recover from Agency the reasonable amount of such increased costs. Contractor's right to delay applicable delivery dates may be exercised only if Contractor provides Agency with reasonable notice of Agency's failure and Contractor uses Commercially Reasonable Efforts to perform notwithstanding Agency's failure to perform.
Appears in 2 contracts
Sources: Information Technology Services Agreement, Information Technology Services Agreement