Common use of Performance Times Clause in Contracts

Performance Times. Performance times under this Agreement (but not the Term) shall be extended for a period of time equivalent to the time lost because of any failure to perform that is excusable under this Article 11; provided, however, that if any Force Majeure Condition is reasonably expected to prevent SITA from providing the Services for a period of 30 or more consecutive days, and notwithstanding Section 11.1 (Force Majeure Conditions and Effect), WLP may discontinue the affected Service or Service Component(s) without liability in accordance with Section 14.3(a)(i) (Partial Discontinuance), except that WLP shall pay SITA for any actual expenses paid by SITA to an Access Provider as a result of discontinuance of the Access Line associated with the affected Service or Service Component(s) and for the net book value of customer premises equipment supplied by SITA to WLP in connection with the affected Service or Service Component(s). Upon SITA’s receipt of such charges for customer premises equipment supplied by SITA to WLP, SITA agrees to execute and deliver to WLP a ▇▇▇▇ of sale and such other good and sufficient instruments of conveyance, assignment, or transfer, in form and substance satisfactory to WLP, to vest in WLP good and marketable title to such customer premises equipment supplied by SITA to WLP. Such title shall be free of all mortgages, liens, pledges, custodianships, security interests, objections, or any other encumbrances, claims, or charges of any kind (collectively, “Liens”), including Liens asserted by a manufacturer or supplier whose equipment, software, or material is included as part of such customer premises equipment supplied by SITA to WLP.

Performance Times. Performance times under this Agreement (but not the Term) shall be extended for a period of time equivalent to the time lost because of any failure to perform that is excusable under this Article 11; provided, however, that if any Force Majeure Condition is reasonably expected to prevent SITA from providing the Services for a period of 30 or more consecutive days, and notwithstanding Section 11.1 (Force Majeure Conditions and Effect), WLP WSL may discontinue the affected Service or Service Component(s) without liability in accordance with Section 14.3(a)(i) (Partial Discontinuance), except that WLP WSL shall pay SITA for any actual expenses paid by SITA to an Access Provider as a result of discontinuance of the Access Line associated with the affected Service or Service Component(s) and for the net book value of customer premises equipment supplied by SITA to WLP WSL in connection with the affected Service or Service Component(s). Upon SITA’s receipt of such charges for customer premises equipment supplied by SITA to WLPWSL, SITA agrees to execute and deliver to WLP WSL a ▇▇▇▇ of sale and such other good and sufficient instruments of conveyance, assignment, or transfer, in form and substance satisfactory to WLPWSL, to vest in WLP WSL good and marketable title to such customer premises equipment supplied by SITA to WLPWSL. Such title shall be free of all mortgages, liens, pledges, custodianships, security interests, objections, or any other encumbrances, claims, or charges of any kind (collectively, “Liens”), including Liens asserted by a manufacturer or supplier whose equipment, software, or material is included as part of such customer premises equipment supplied by SITA to WLP▇▇▇.