Common use of Suspension of Performance; Other Termination Clause in Contracts

Suspension of Performance; Other Termination. The Parties acknowledge and agree that Employer’s failure to pay the Fees for the TPA services when such Fees are due shall constitute a material breach of this Agreement and in addition to any other rights HQY has when such amount is due HQY may at its election, and without waiving its right to payment, cease performing services under this Schedule until such Fees are paid or terminate the Agreement or this Schedule.