American Home Shield 2010 Annual Report Download - page 262

(a) Generally. Each Party will be excused from performance under this Agreement (including, in the case of
Service Provider, its obligation to meet any affected Service Levels) for any period and to the extent that it is prevented from or
delayed in performing any obligations pursuant to this Agreement, in whole or in part, as a result of a Force Majeure Event. If either
Party is prevented from, or delayed in performing any of its obligations under this Agreement by a Force Majeure Event, it shall
promptly notify the other Party verbally (to be confirmed in writing within twenty-four (24) hours of the inception of the delay) of
the occurrence of a Force Majeure Event and describe, in reasonable detail, the circumstances constituting the Force Majeure Event
and of the obligations, the performance of which are thereby delayed or prevented. The Party claiming that a Force Majeure Event
has occurred shall continue to use commercially reasonable efforts to mitigate the impact or consequence of the event on the other
Party and to recommence performance whenever and to whatever extent commercially reasonable without delay. The affected Party
shall provide the other Party with daily updates (and more frequent updates if requested) as to the status of its efforts to recommence
performance and written notice upon conclusion of the Force Majeure Event.
(b) Implementation of Disaster Recovery Plan. Notwithstanding any other provision of this Section, a Force
Majeure Event shall obligate and require Service Provider to
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