Common use of Critical Services Clause in Contracts

Critical Services. Without limiting DIR's rights under Section 13.1 Termination for Cause, if Successful Respondent commits a material breach which has a significant impact on the ability of DIR or any DIR Customer to conduct a material aspect of its operations, and Successful Respondent is unable to cure such breach within forty-eight (48) hours, DIR may, in addition to its other remedies at Law and in equity, obtain from a third party or provide for itself comparable services which shall allow DIR and the DIR Customers to conduct their operations until Successful Respondent has cured the breach or this Agreement is terminated. Successful Respondent shall reimburse DIR for all costs and expenses of obtaining or providing such services up to the Charges actually paid to Successful Respondent for the Services with respect to the period of non-performance but in no event longer than the earlier to occur of (1) one hundred twenty (120) days from the start of such delay or (2) the remaining Term, provided that DIR continues to pay Successful Respondent for such Charges. The express inclusion of this remedy in this Section does not limit DIR's right to use a similar remedy for other breaches by Successful Respondent of this Agreement.

Critical Services. Without limiting DIR's rights under Section 13.1 Termination for Cause, if Successful Respondent commits a material breach which has a significant impact on the ability of DIR or any DIR DCS Customer to conduct a material aspect of its operations, and Successful Respondent is unable to cure such breach within forty-eight (48) hours, DIR may, in addition to its other remedies at Law and in equity, obtain from a third party or provide for itself comparable services which shall allow DIR and the DIR DCS Customers to conduct their operations until Successful Respondent has cured the breach or this Agreement is terminated. Successful Respondent shall reimburse DIR for all costs and expenses of obtaining or providing such services up to the Charges actually paid to Successful Respondent for the Services with respect to the period of non-performance but in no event longer than the earlier to occur of (1) one hundred twenty (120) days from the start of such delay or (2) the remaining Term, provided that DIR continues to pay Successful Respondent for such Charges. The express inclusion of this remedy in this Section does not limit DIR's right to use a similar remedy for other breaches by Successful Respondent of this Agreement.

Critical Services. Without limiting DIR's rights under Section 13.1 Termination for Cause20.1, if Successful Respondent commits a material breach which has a significant impact on the ability of DIR or any DIR Customer to conduct a material aspect of its operations, and Successful Respondent is unable to cure such breach within forty-eight (48) hours, DIR may, in addition to its other remedies at Law and in equity, obtain from a third party or provide for itself comparable services which shall allow DIR and the DIR Customers to conduct their operations until Successful Respondent has cured the breach or this Agreement is terminated. Successful Respondent shall reimburse DIR for all costs and expenses of obtaining or providing such services up to the Charges actually paid to Successful Respondent for the Services with respect to the period of non-performance but in no event longer than the earlier to occur of (1a) one hundred twenty (120) days from the start of such delay delay, or (2b) the remaining Term, provided that DIR continues to pay Successful Respondent for such Charges. The express inclusion of this remedy in this Section 20.7 does not limit DIR's right to use a similar remedy for other breaches by Successful Respondent of this Agreement.

Critical Services. Without limiting DIR's rights under Section 13.1 Termination for Cause, if Successful Respondent commits a material breach which has a significant impact on the ability of renders DIR or any DIR Customer unable to conduct a material aspect of its operations, and Successful Respondent is unable to cure such breach within forty-eight (48) hours, DIR may, in addition to its other remedies at Law and in equity, obtain from a third party or provide for itself comparable services which shall allow DIR and or the applicable DIR Customers to conduct their operations until Successful Respondent has cured the breach or this Agreement is terminated. Successful Respondent shall reimburse DIR for all costs and expenses of obtaining or providing may claim as direct damages the actual, reasonable fees paid to such third party to perform such services up to the Charges actually paid to Successful Respondent for the Services with respect to the period of non-performance but in no event longer than the earlier to occur of (1) one hundred twenty (120) days from the start of such delay or (2) the remaining Term, provided that DIR continues to pay Successful Respondent for such Charges. The express inclusion of this remedy in this Section does not limit DIR's right to use a similar remedy for other breaches by Successful Respondent of this Agreement.

Critical Services. Without limiting DIR's rights under Section 13.1 Termination for Cause20.1, if Successful Respondent commits a material breach which has a significant impact on the ability of renders DIR or any DIR Customer unable to conduct a material aspect of its operations, and Successful Respondent is unable to cure such breach within forty-eight (48) hours, DIR may, in addition to its other remedies at Law and in equity, obtain from a third party or provide for itself comparable services which shall allow DIR and the DIR Customers to conduct their operations until Successful Respondent has cured the breach or this Agreement is terminated. Successful Respondent shall reimburse shall, subject to Section 18.3, Limitation of Liability, be liable to DIR for all costs and expenses of obtaining or providing such services up to the Charges actually paid to Successful Respondent for the Services with respect to the period of non-non- performance but in no event longer than the earlier to occur of (1a) one hundred twenty (120) days from the start of such delay delay, or (2b) the remaining Term, provided that DIR continues to pay Successful Respondent for such Charges. The express inclusion of this remedy in this Section 20.7 does not limit DIR's right to use a similar remedy for other breaches by Successful Respondent of this Agreement.