Common use of By DIR Clause in Contracts

By DIR. If Service Provider: (i) commits a material breach of this Agreement, which breach is not cured within thirty (30) days after notice of the breach from DIR; (ii) commits a material breach of this Agreement which is not capable of being cured within the period specified pursuant to Section 20.1(a)(ii); (iii) commits numerous breaches of its duties or obligations which collectively constitute a material breach of this Agreement and Service Provider fails to do both of the following: (A) cure each such breach within thirty (30) days of notice thereof; and (B) develop within fifteen (15) days following written notice of breach from DIR a complete plan reasonably acceptable to DIR for curing the breach and correcting the deficiencies causing such breaches on a permanent basis; provided, however, this S ection 20.1(a)(iv) shall in no manner limit (X) DIR's right of termination pursuant to any other provision of this Section 20.1(a), or (Y) Service Provider's obligation to cure individual nonmaterial breaches of this Agreement; (iv) commits a material breach of the Solution Order, which breach is not cured within thirty (30) days after notice of the breach to Section 20.1(a)(ii, DIR Customer may terminate for cause the Project;

Appears in 2 contracts

Samples: Master Services Agreement, Master Services Agreement

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By DIR. If Service Provider(a) DIR may, upon notice to Successful Respondent, terminate this Agreement in whole or in part as of the termination date specified in the notice if Successful Respondent: (i) commits a material breach of its obligations with respect to the Transition Services or the Transformation Services as provided in Exhibit 1 SOW, Section 2.5.10 Remedies for Transition Failure as applicable and such breach is not cured within the applicable timeframe for cure provided in such provision; (ii) commits a material breach of this Agreement, which breach is not cured within thirty (30) days after notice of the breach from DIR; (iiiii) commits a material breach of this Agreement which is not capable of being cured within the period specified pursuant to Section 20.1(a)(ii)(2) above; (iiiiv) commits numerous breaches of its duties or obligations (excluding Service Level Defaults) which collectively constitute a material breach of this Agreement and Service Provider Successful Respondent fails to do both of the following: (A) A. cure each such breach within thirty (30) days of notice thereof; and (B) and B. develop within fifteen (15) days following written notice of breach from DIR a complete plan reasonably acceptable to DIR for curing the breach and correcting the deficiencies causing such breaches on a permanent basis; provided, however, this S ection 20.1(a)(iv) Section shall in no manner limit (X) limit: 1. DIR's right of termination pursuant to any other provision of this Section 20.1(a), or (Y) Service Provider's obligation to cure individual nonmaterial breaches of this Agreement; (iv) commits a material breach of the Solution Order, which breach is not cured within thirty (30) days after notice of the breach to Section 20.1(a)(ii, DIR Customer may terminate for cause the Project;13.1.1

Appears in 1 contract

Samples: Master Services Agreement

By DIR. If Service Provider(a) DIR may, upon notice to Successful Respondent, terminate this Agreement in whole or in part as of the termination date specified in the notice if Successful Respondent: (i) commits a material breach of its obligations with respect to the Transition Services or the Transformation Services as provided in Exhibit 1 SOW, Section 2.5.10 Remedies for Transition Failure as applicable and such breach is not cured within the applicable timeframe for cure provided in such provision; (ii) commits a material breach of this Agreement, which breach is not cured within thirty (30) days after notice of the breach from DIR; (iiiii) commits a material breach of this Agreement which is not capable of being cured within the period specified pursuant to Section 20.1(a)(ii)(2) above; (iiiiv) commits numerous breaches of its duties or obligations (excluding Service Level Defaults) which collectively constitute a material breach of this Agreement and Service Provider Successful Respondent fails to do both of the following: (A) A. cure each such breach within thirty (30) days of notice thereof; and (B) and B. develop within fifteen (15) days following written notice of breach from DIR a complete plan reasonably acceptable to DIR for curing the breach and correcting the deficiencies causing such breaches on a permanent basis; provided, however, this S ection 20.1(a)(iv) Section shall in no manner limit (X) limit: 1. DIR's right of termination pursuant to any other provision of this Section 20.1(a), or (Y) Service Provider's obligation to cure individual nonmaterial breaches of this Agreement; (iv) commits a material breach of the Solution Order, which breach is not cured within thirty (30) days after notice of the breach to Section 20.1(a)(ii, DIR Customer may terminate for cause the Project;13.1.1

Appears in 1 contract

Samples: Mainframe Services Master Services Agreement

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By DIR. (a) DIR may, upon notice to Successful Respondent, terminate this Agreement in whole or in part as of the termination date specified in the notice. If Service ProviderSuccessful Respondent: (i) commits a material breach of its obligations with respect to the Transition Services or the Transformation Services as provided in Exhibit 1 SOW, Section 2.5.10 Remedies for Transition Failure as applicable and such breach is not cured within the applicable timeframe for cure provided in such provision; (ii) commits a material breach of this Agreement, which breach is not cured within thirty (30) days after notice of the breach from DIR; (iiiii) commits a material breach of this Agreement which is not capable of being cured within the period specified pursuant to Section 20.1(a)(ii)(2) above; (iiiiv) commits numerous breaches of its duties or obligations (excluding Service Level Defaults) which collectively constitute a material breach of this Agreement and Service Provider Successful Respondent fails to do both of the following: (A) A. cure each such breach within thirty (30) days of notice thereof; and (B) and B. develop within fifteen (15) days following written notice of breach from DIR a complete plan reasonably acceptable to DIR for curing the breach and correcting the deficiencies causing such breaches on a permanent basis; provided, however, this S ection 20.1(a)(iv) Section shall in no manner limit (X) limit: 1. DIR's right of termination pursuant to any other provision of this Section 20.1(a), or (Y) Service Provider's obligation to cure individual nonmaterial breaches of this Agreement; (iv) commits a material breach of the Solution Order, which breach is not cured within thirty (30) days after notice of the breach to Section 20.1(a)(ii, DIR Customer may terminate for cause the Project;13.1.1

Appears in 1 contract

Samples: Master Services Agreement