Common use of Items Not Assignable Clause in Contracts

Items Not Assignable. If, after Service Provider has used commercially reasonable efforts for a reasonable period of time, any Third Party Materials licenses, Equipment Leases or Third Party Contracts cannot, as of the Commencement Date or at any time thereafter, be assigned to Service Provider without breaching their terms or otherwise adversely affecting the rights or obligations of DIR, a DIR Customer, or Service Provider thereunder, Service Provider shall, at DIR's option and with DIR's consent, replace such licenses, leases or contracts (or the subject thereof) with appropriate alternatives providing equivalent features and functionality and shall remain responsible for providing all of the Services in accordance with the terms of this Agreement.

Items Not Assignable. If, after Service Provider has used commercially reasonable efforts for a reasonable period of time, any Third Party Materials licenses, Equipment Leases Leases, or Third Party Contracts cannot, as of the Commencement Date or at any time thereafter, be assigned to Service Provider without breaching their terms or otherwise adversely affecting the rights or obligations of DIR, a DIR Customer, or Service Provider thereunder, Service Provider shall, at DIR's option and with DIR's consent, replace such licenses, leases leases, or contracts (or the subject thereof) with appropriate alternatives providing equivalent features and functionality and shall remain responsible for providing all of the Services in accordance with the terms of this Agreement.

Items Not Assignable. If, after Service Provider has used commercially reasonable efforts for a reasonable period of time, any Third Party Materials licenses, Equipment Leases or Third Party Contracts cannot, as of the Commencement Date or at any time thereafter, be assigned to Service Provider without breaching their terms or otherwise adversely affecting the rights or obligations of DIR, a DIR Customer, TxDOT or Service Provider thereunder, Service Provider shall, at DIRTxDOT's option and with DIRTxDOT's consent, replace such licenses, leases or contracts (or the subject thereof) with appropriate alternatives providing equivalent features and functionality and shall remain responsible for providing all of the Services in accordance with the terms of this Agreement.