Service Level Exclusions. In no event will Medidata be responsible for failure to meet the foregoing service levels for the following reasons: (i) events of force majeure, as set forth in the Agreement, (ii) Customer’s breach of the Agreement or failure to perform its responsibilities in a timely manner, (iii) willful misconduct of Customer, (iv) causes under the control of Customer, and (v) failure of any third party telecommunications carrier.
Appears in 2 contracts
Sources: Master Technology and Services Agreement, Master Technology and Services Agreement (Nuvasive Inc)