Common use of Right of Use Clause in Contracts

Right of Use. Notwithstanding anything to the contrary contained in this Agreement, Service Provider acknowledges and agrees that (i) this is not a requirements contract and DIR and the DIR Customers shall not be required to obtain their requirements for any of the Services from Service Provider and (ii) Service Provider is not the exclusive provider to DIR or the DIR Customers of any of the Services and DIR and the DIR Customers may at any time themselves and/or through third parties (each, a "DIR Contractor") provide and/or obtain any services (including services to supplement, replace or render unnecessary the Services). Nothing in this Agreement shall be construed or interpreted as limiting DIR's right or ability to add or delete DIR Customers, or DIR's or any DIR Customer's right or ability during the Term to change requirements, move parts of Services in and out of scope, or to increase or decrease their demand for Services. To the extent DIR or a DIR Customer obtains from DIR Contractors, or provides to itself, any of the Services, the Charges and Termination Charges shall be adjusted downward in accordance with Exhibit 4, to the extent applicable, or equitably adjusted downward in proportion to the portion of the Services that Service Provider shall not be providing to the extent that Exhibit 4 does not provide for such reduction. Such equitable adjustments shall include, if applicable, the unrecovered amounts set forth in Section 11.1(a), (b), and (d) of Exhibit 4 in proportion to the portion of the Services that Service Provider shall not be providing; provided, however, that such unrecovered amounts have been incurred by Service Provider in good faith and with a reasonable expectation of providing the Services pursuant to this Agreement. Subject to the satisfying the requirements set forth in Exhibit 4 (including Section 7 thereof), Service Provider will be eligible to recover, to the extent applicable, the unrecovered amounts set forth in Section 11.1(a), (b), and (d) of Exhibit 4 for decreases in demand for Services below the bands associated with a Resource Baseline volume.

Right of Use. Notwithstanding anything to the contrary contained in this Agreement, Service Provider acknowledges and agrees that (i) this is not a requirements contract and DIR and the DIR Customers shall not be required to obtain their requirements for any of the Services from Service Provider and (ii) Service Provider is not the exclusive provider to DIR or the DIR Customers of any of the Services and DIR and the DIR Customers may at any time themselves and/or through third parties (each, a "DIR Contractor") provide and/or obtain any services (including services to supplement, replace or render unnecessary the Services). Nothing in this Agreement shall be construed or interpreted as limiting DIR's right or ability to add or delete DIR Customers, or DIR's or any DIR Customer's right or ability during the Term to change requirements, move parts of Services in and out of scope, or to increase or decrease their demand for Services. To the extent DIR or a DIR Customer obtains from DIR Contractors, or provides to itself, any of the Services, the Charges and Termination Charges shall be adjusted downward in accordance with Exhibit 4, to the extent applicable, or equitably adjusted downward in proportion to the portion of the Services that Service Provider shall not be providing to the extent that Exhibit 4 does not provide for such reduction. Such equitable adjustments shall include, if applicable, the unrecovered amounts set forth in Section 11.1(a), (b), and (d) of Exhibit E xhibit 4 in proportion to the portion of the Services that Service Provider shall not be providing; provided, however, that such unrecovered amounts have been incurred by Service Provider in good faith and with a reasonable expectation of providing the Services pursuant to this Agreement. Subject to the satisfying the requirements set forth in Exhibit 4 (including Section 7 thereof), Service Provider will be eligible to recover, to the extent applicable, the unrecovered amounts set forth in Section 11.1(a), (b), and (d) of Exhibit E xhibit 4 for decreases in demand for Services below the bands associated with a Resource Baseline volume.

Right of Use. Notwithstanding anything to the contrary contained in this Agreement, Service Provider Successful Respondent acknowledges and agrees that (i) this is not a requirements contract and DIR and the DIR Customers shall not be required to obtain their requirements for any of the Services from Service Provider Successful Respondent and (ii) Service Provider Successful Respondent is not the exclusive provider to DIR or the DIR Customers of any of the Services and DIR and the DIR Customers may at any time themselves and/or through third parties (each, a "DIR Contractor") provide and/or obtain any services (including services to supplement, replace or render unnecessary the Services). Nothing in this Agreement shall be construed or interpreted as limiting DIR's right or ability to add or delete DIR Customers, or DIR's or any DIR Customer's right or ability during the Term to change requirements, move parts of Services in and out of scope, or to increase or decrease their demand for Services. To the extent DIR or a DIR Customer obtains from DIR Contractors, or provides to itself, any of the Services, the Charges and Termination Charges shall be adjusted downward in accordance with Exhibit 44.5 Third-Party Contracts, to the extent applicable, or equitably adjusted downward in proportion to the portion of the Services that Service Provider Successful Respondent shall not be providing to the extent that Exhibit 4 4.5 Third-Party Contracts does not provide for such reduction. Such equitable adjustments shall include, if applicable, the unrecovered amounts set forth in Section 11.1(a), (b), (c) and (d) of Exhibit 4 4.5 Third-Party Contracts in proportion to the portion of the Services that Service Provider Successful Respondent shall not be providing; provided, however, that such unrecovered amounts have been incurred by Service Provider Successful Respondent in good faith and with a reasonable expectation of providing the Services pursuant to this Agreement. Subject to the satisfying the requirements set forth in Exhibit 4 (including Section 7 thereof), Service Provider will be eligible to recover, to the extent applicable, the unrecovered amounts set forth in Section 11.1(a), (b), and (d) of Exhibit 4 for decreases in demand for Services below the bands associated with a Resource Baseline volume.

Right of Use. Notwithstanding anything to the contrary contained in this Agreement, Service Provider acknowledges and agrees that (i) this is not a requirements contract and DIR and the DIR Customers shall not be required to obtain their requirements for any of the Services from Service Provider and (ii) Service Provider is not the exclusive provider to DIR or the DIR Customers of any of the Services and DIR and the DIR Customers may at any time themselves and/or through third parties (each, a "DIR Contractor") provide and/or obtain any services (including services to supplement, replace replace, or render unnecessary the Services). Nothing in this Agreement shall be construed or interpreted as limiting DIR's right or ability to add or delete DIR Customers, or DIR's or any DIR Customer's right or ability during the Term to change requirements, move parts of Services in and out of scope, or to increase or decrease their demand for Services. To the extent DIR or a DIR Customer obtains from DIR Contractors, or provides to itself, any of the Services, the Charges and Termination Charges shall be adjusted downward in accordance with Exhibit 4, to the extent applicable, or equitably adjusted downward in proportion to the portion of the Services that Service Provider shall not be providing to the extent that Exhibit 4 does not provide for such reduction. Such equitable adjustments shall include, if applicable, the unrecovered amounts set forth in Section 11.1(a), (b), and (d) of Exhibit 4 in proportion to the portion of the Services that Service Provider shall not be providing; provided, however, that such unrecovered amounts have been incurred by Service Provider in good faith and with a reasonable expectation of providing the Services pursuant to this Agreement. Subject to the satisfying the requirements set forth in Exhibit 4 (including Section 7 thereof), Service Provider will be eligible to recover, to the extent applicable, the unrecovered amounts set forth in Section 11.1(a), (b), and (d) of Exhibit 4 for decreases in demand for Services below the bands associated with a Resource Baseline volume.

Right of Use. Notwithstanding anything to the contrary contained in this Agreement, Service Provider acknowledges and agrees that (i) this is not a requirements contract and DIR and the DIR Customers shall not be required to obtain their requirements for any of the Services from Service Provider and (ii) Service Provider is not the exclusive provider to DIR or the DIR Customers of any of the Services and DIR and the DIR Customers may at any time themselves and/or through third parties (each, a "DIR Contractor") provide and/or obtain any services (including services to supplement, replace or render unnecessary the Services). Nothing in this Agreement shall be construed or interpreted as limiting DIR's right or ability to add or delete DIR Customers, or DIR's or any DIR Customer's right or ability during the Term to change requirements, move parts of Services in and out of scope, or to increase or decrease their demand for Services. To the extent DIR or a DIR Customer obtains from DIR Contractors, or provides to itself, any of the Services, the Charges and Termination Charges shall be adjusted downward in accordance with Exhibit 4, to the extent applicable, or equitably adjusted downward in proportion to the portion of the Services that Service Provider shall not be providing to the extent that Exhibit 4 does not provide for such reduction. Such equitable adjustments shall include, if applicable, the unrecovered amounts set forth in Section 11.1(a), (b), (c) and (d) of Exhibit 4 in proportion to the portion of the Services that Service Provider shall not be providing; provided, however, that such unrecovered amounts have been incurred by Service Provider in good faith and with a reasonable expectation of providing the Services pursuant to this Agreement. Subject to the satisfying the requirements set forth in Exhibit 4 (including Section 7 thereof), Service Provider will be eligible to recover, to the extent applicable, the unrecovered amounts set forth in Section 11.1(a), (b), and (d) of Exhibit 4 for decreases in demand for Services below the bands associated with a Resource Baseline volume.