Dispute of Contract Case Study

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Contract Dispute

The Data Processing Agreement was entered into between Big Bank and Systems, Inc. And the agreement involved Systems Inc. agreeing to render data processing services to Big Bank. In this dispute the services rendered are not under dispute but instead the time that it took for the data services to be in place and all data converted. The contract sets out that the date services would be rendered "within a reasonable time following execution" of the Agreement. Big Bank agreed within the framework of the contract to cooperate with Systems Inc. And to make provision of all information and assistance that Systems Inc. might require to conduct a successful conversion of Big Bank's information files to "a form compatible with System Inc.'s systems and equipment so that System Inc. could provide the Services. Specifically, Big Bank agreed to "deliver conversion input information, in its entirety, in a mutually acceptable medium, within one week of the request of the information."

I. Contingencies in the Contract

There are several contingencies included in this contract. The first contingency states that System's Inc. retains the right to make the determination according to System's Inc.'s own procedures when the successful conversion of Big Bank's information files has been accomplished in terms of them being operation and ready for use by Big Bank. In addition Big Bank is under a requirement according to the terms of the contract to provide the necessary information within one (1) week's time upon request by Systems, Inc. In addition, according to the terms of the contract, Big Bank has entered into an agreement in which System's Inc. has the right reserved to postpone conversion of the information files of Big Bank if Big Bank is late in delivering the input information required for the conversion or if "any other circumstances arise that might jeopardize the successful completion of big Bank's information conversion of the processing of the Big Bank's following day's transactions for any other customers of Systems, Inc."

The contract goes on to state the requirement for Big Bank to be responsible for "providing to Systems, Inc. all input data and other information necessary for systems Inc.

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To perform the Services and to prepare the reports . Under the terms of the contract, Systems Inc. is "solely responsible for the accuracy and delivery of all information to be provided to Systems Inc. For processing.

II. Limited Liability Clause

The statement of limited liability in the contract also serves to protect Systems Inc. In terms of the delay caused by the ice storm. Specifically the 'Limited Liability' clause in the contract states as follows:

"Systems Inc. shall not be responsible for any failure in providing the Services, any delays in processing, or any failure or delay in the delivery of any Reports that may be caused, in whole or in part, by strikes, lockouts, riots, epidemics, governmental actions or regulations, natural disaster, fire, inclement weather, acts of God, computer breakdown or failure, communications failure, interruptions in telephone or electrical service, courier's failure to timely deliver, or any other causes beyond its reasonable control. In the event such delays exist without interruption for a period of more than thirty (30) days, Big Bank or Systems Inc. may elect to terminate this Agreement without breach. Big Bank is under no duty to make any payments to Systems….....

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