Common use of Substitute Services; Termination Clause in Contracts

Substitute Services; Termination. If any event described in Section 18.2(a) has substantially prevented, hindered, or delayed, or is reasonably expected to substantially prevent, hinder, or delay the performance by Successful Respondent of Services necessary for the performance of critical DIR or DIR Customer functions for longer than the recovery period specified in the applicable disaster recovery plan or, if there is no such specified recovery period, twenty-four (24) hours, Successful Respondent shall, unless and until otherwise directed by DIR, use commercially reasonable efforts to procure such Services from an alternate source at Successful Respondent’s expense for so long as the delay in performance shall continue, up to the Charges actually paid to Successful Respondent for the Services with respect to the period of non- performance. If Successful Respondent is unable to procure such substitute services on an expedited basis or DIR elects to contract directly for such services, DIR may procure such Services from an alternate source at DIR's expense. In addition, if any event described in Section 18.2(a) substantially prevents, hinders or delays the performance by Successful Respondent of Services necessary for the performance of critical DIR functions (i) for more than seven (7) days, then DIR may, upon notice to Successful Respondent, terminate all or any portion of the Services so affected (including portions that are no longer required if the impacted portion is terminated) as of the termination date specified in the notice; or (ii) for more than fifteen (15) days, then DIR may, upon notice to Successful Respondent, terminate this Agreement, in whole or in part, as of the termination date specified in the notice. Successful Respondent shall not have the right to additional payments or increased usage charges as a result of any force majeure occurrence affecting Successful Respondent’s ability to perform.

Substitute Services; Termination. If any event described in Section 18.2(a) has substantially prevented, hindered, hindered or delayed, delayed or is reasonably expected to substantially prevent, hinder, hinder or delay the performance by Successful Respondent Service Provider of Services necessary for the performance of critical DIR or DIR Customer functions for longer than the recovery period specified in the applicable disaster recovery plan or, if there is no such specified recovery period, twenty-four (24) hours, Successful Respondent Service Provider shall, unless and until otherwise directed by DIR, use commercially reasonable efforts to procure such Services from an alternate source at Successful Respondent’s Service Provider's expense for so long as the delay in performance shall continue, up to the Charges actually paid to Successful Respondent Service Provider for the Services with respect to the period of non- non-performance. If Successful Respondent Service Provider is unable to procure such substitute services on an expedited basis or DIR elects to contract directly for such services, DIR may procure such Services from an alternate source at DIR's expense. In addition, if any event described in Section 18.2(a) substantially prevents, hinders or delays the performance by Successful Respondent Service Provider of Services necessary for the performance of critical DIR functions (i) for more than seven (7) days, then DIR may, upon notice to Successful RespondentService Provider, terminate all or any portion of the Services so affected (including portions that are no longer required if the impacted portion is terminated) as of the termination date specified in the notice; or (ii) for more than fifteen (15) days, then DIR may, upon notice to Successful RespondentService Provider, terminate this Agreement, in whole or in part, as of the termination date specified in the notice. Successful Respondent Service Provider shall not have the right to additional payments or increased usage charges as a result of any force majeure occurrence affecting Successful Respondent’s Service Provider's ability to perform.

Substitute Services; Termination. If any event described in Section S ection 18.2(a) has substantially prevented, hindered, hindered or delayed, delayed or is reasonably expected to substantially prevent, hinder, hinder or delay the performance by Successful Respondent Service Provider of Services necessary for the performance of critical DIR or DIR Customer functions for longer than the recovery period specified in the applicable disaster recovery plan or, if there is no such specified recovery period, twenty-four (24) hours, Successful Respondent Service Provider shall, unless and until otherwise directed by DIR, use commercially reasonable efforts to procure such Services from an alternate source at Successful Respondent’s Service Provider's expense for so long as the delay in performance shall continue, up to the Charges actually paid to Successful Respondent Service Provider for the Services with respect to the period of non- non-performance. If Successful Respondent Service Provider is unable to procure such substitute services on an expedited basis or DIR elects to contract directly for such services, DIR may procure such Services from an alternate source at DIR's expense. In addition, if any event described in Section 18.2(a) substantially prevents, hinders or delays the performance by Successful Respondent Service Provider of Services necessary for the performance of critical DIR functions (i) for more than seven (7) days, then DIR may, upon notice to Successful RespondentService Provider, terminate all or any portion of the Services so affected (including portions that are no longer required if the impacted portion is terminated) as of the termination date specified in the notice; or (ii) for more than fifteen (15) days, then DIR may, upon notice to Successful RespondentService Provider, terminate this Agreement, in whole or in part, as of the termination date specified in the notice. Successful Respondent Service Provider shall not have the right to additional payments or increased usage charges as a result of any force majeure occurrence affecting Successful Respondent’s Service Provider's ability to perform.

Substitute Services; Termination. If any event described in Section 18.2(a) has substantially prevented, hindered, hindered or delayed, delayed or is reasonably expected to substantially prevent, hinder, hinder or delay the performance by Successful Respondent Service Provider or one of its Subcontractors of Services necessary for the performance of functions that are critical DIR for Allegheny’s or DIR Customer functions an Eligible Recipient’s business (in light of their impact on Allegheny’s or an Eligible Recipient’s business) for longer than the recovery period specified in the applicable disaster recovery plan or, if there is no such specified recovery period, twenty-four (24) hours***, Successful Respondent shall, unless and until otherwise directed by DIR, use commercially reasonable efforts to Allegheny may procure such Services from an alternate source, and Service Provider shall be solely liable for payment for such services from the alternate source at Successful Respondent’s expense for so long as the delay in performance shall continue, up ***; provided that Allegheny continues to pay the Charges actually paid to Successful Respondent Service Provider for the such Services with respect to the period of non- non-performance. If Successful Respondent is unable to procure such substitute services on an expedited basis or DIR elects to contract directly for such services, DIR may procure such Services from an alternate source at DIR's expense. In addition, if any event described in Section 18.2(a) substantially prevents, hinders or delays the performance by Successful Respondent Service Provider or one of its Subcontractors of Services necessary for the performance of critical DIR Allegheny functions for more than ***, Allegheny, at its option, may (i) for more than seven (7) days, then DIR may, upon notice to Successful Respondent, terminate all or any portion of the Services so affected (including portions that are no longer required if and the impacted portion is terminated) as of the termination date specified in the noticeCharges payable hereunder shall be equitably adjusted to reflect those terminated Services; or (ii) for more than fifteen terminate the Term. If Allegheny elects to terminate pursuant to clause (15i) days, then DIR may, upon notice to Successful Respondent, terminate this Agreement, in whole or in part, as of the termination date specified in the noticeimmediately preceding sentence, ***. Successful Respondent Service Provider shall not have the right to additional payments or increased usage charges as a result of any force majeure occurrence affecting Successful RespondentService Provider’s ability to perform.

Substitute Services; Termination. If any event described in Section 18.2(a) has substantially prevented, hindered, hindered or delayed, delayed or is reasonably expected to substantially prevent, hinder, hinder or delay the performance by Successful Respondent Supplier or one of its Subcontractors of Services necessary for the performance of critical DIR Hercules or DIR Customer Eligible Recipient functions for longer than the recovery period specified in the applicable disaster recovery plan orplan, or if there is no such specified recovery period, twentyseventy-four two (2472) hours, Successful Respondent Supplier shall, unless and until otherwise directed by DIRHercules, use commercially reasonable efforts to procure such Services from an alternate source at Successful RespondentSupplier’s expense for so long as the delay in performance shall continue, up to the Charges actually paid to Successful Respondent Supplier for the Services with respect to the period of non- non-performance. If Successful Respondent Supplier is unable to procure such substitute services on an expedited basis or DIR Hercules elects to contract directly for such services, DIR Hercules may procure such Services from an alternate source at DIR's Hercules' expense. In addition, if any event described in Section 18.2(a) substantially prevents, hinders or delays the performance by Successful Respondent Supplier or one of its Subcontractors of Services necessary for the performance of critical DIR Hercules functions (i) for more than seven five (75) days, then DIR mayHercules, upon notice to Successful Respondentat its option, may terminate all or any portion of the Services this Agreement so affected (including portions that are no longer required if without payment of Termination Charges and the impacted portion is terminated) as of the termination date specified in the noticecharges payable hereunder shall be equitably adjusted to reflect those terminated Services; or (ii) for more than fifteen ten (1510) days, then DIR mayHercules, upon notice to Successful Respondentat its option, may terminate this Agreement, Agreement in whole or in part, as part without payment of the termination date specified in the noticeTermination Charges. Successful Respondent Supplier shall not have the right to additional payments or increased usage charges as a result of any force majeure occurrence affecting Successful RespondentSupplier’s ability to perform.