Common use of Tailored remedies Clause in Contracts

Tailored remedies. (a) Understanding of the Parties. Vendor agrees and understands that DIR may pursue tailored contractual remedies for noncompliance with this Contract in the event Vendor does not comply with the non-operational, contract management obligations. At any time and at its sole and absolute discretion, except as agreed upon by the Parties in Exhibit D (“Performance Management”) and as otherwise expressly provided in this Article 11, DIR may im- pose or pursue one remedy for each item of noncompliance and will determine rem- edies on a case-by-case basis. DIR’s pursuit or non-pursuit of a tailored remedy does not constitute a waiver of any other remedy that DIR may have at law or equity, including, but not limited to, the remedies set forth in Section 11.03 below. Except as agreed upon by the Parties in Exhibit D (“Performance Management”) and as other- wise expressly provided in this Article 11, prior to imposing any remedy, DIR will pro- vide notice to the Vendor of the Deficiency, and such notice shall include a reasona- ble cure period in accordance with Section 11.02 (b), or as specified elsewhere in this CTSA. (b) Notice and opportunity to cure for Deficiencies. (1) Within ten calendar days (or another date approved by DIR) of Vendor's re- ceipt of written notice of a Deficiency, Vendor shall provide DIR a written re- sponse that: (A) Explains the reasons for the Deficiency, Vendor’s plan to address or cure the Deficiency, and the date and time by which the Deficiency will be cured; or (B) If Vendor disagrees with DIR’s findings, its reasons for disagreeing with DIR’s findings. (2) Vendor’s proposed cure of a Deficiency is subject to the approval of DIR, in its sole and absolute discretion. Vendor’s repeated commission of Deficiencies or repeated failure to resolve any such Deficiencies may be regarded by DIR as a Material Breach and entitle DIR to pursue any other remedy provided in this CTSA or any other appropriate remedy DIR may have at law or equity. (c) Notice and opportunity to cure for Material Breach. (1) DIR will notify Vendor in writing of any Material Breach. (2) Vendor will, within ten calendar days (or another date approved by DIR) of re- ceipt of written notice of a Material Breach, provide DIR a detailed written cor- rective action plan to correct or resolve such Material Breach (a Corrective Ac- tion Plan). The Corrective Action Plan must provide: (A) A detailed explanation of the reasons for the cited Material Breach; (B) Vendor’s assessment or diagnosis of the cause of the Material Breach; and, (C) A specific proposal to cure or resolve the Material Breach promptly and completely. (3) Vendor shall submit the Corrective Action Plan by the deadline set forth in DIR’s notice of Material Breach. The Corrective Action Plan is subject to ap- proval or modification by DIR, in its sole and absolute discretion. (4) DIR will notify Vendor in writing of DIR’s final disposition of the Corrective Ac- tion Plan. If DIR accepts Vendor’s proposed Corrective Action Plan, DIR may: (A) Condition such approval on completion of tasks in the order or priority that DIR may prescribe; (B) Disapprove portions of Vendor’s proposed Corrective Action Plan; or (C) Require additional or different Corrective Action Plan(s). (5) At any time during this process, DIR reserves the right, in its sole and absolute discretion, to: (A) Suspend all, or part of, this CTSA; or (B) Issue a written Stop Marketing Order which prohibits Vendor from further marketing the Services during investigation of the alleged Material Breach and pending corrective action, if necessary, by Vendor, or a deci- sion by DIR to terminate the CTSA for Cause. DIR may delay the imple- mentation of the Stop Marketing Order if it affects the completion of any of the Services in accordance with a Customer’s and/or Authorized End Users’ approved schedule under a TEX-AN NG Customer Services Agreement. (6) DIR’s acceptance of a Corrective Action Plan under this Section 11.02 will not: (A) Excuse Vendor’s prior Material Breach(es) and/or Deficiencies; (B) Relieve Vendor of its duty to comply with performance standards; or (C) Prohibit DIR from assessing additional tailored remedies or pursuing oth- er appropriate remedies for continued Deficiencies or Material Breaches.

Tailored remedies. (a) Understanding of the Parties. Vendor agrees and understands that DIR may pursue tailored contractual remedies for noncompliance with this Contract in the event Vendor does not comply with the non-operational, contract management obligations. At any time and at its sole and absolute discretion, except as agreed upon by the Parties in Exhibit D (“Performance Management”) and as otherwise expressly provided in this Article 11, DIR may im- pose or pursue one remedy for each item of noncompliance and will determine rem- edies on a case-by-case basis. DIR’s pursuit or non-pursuit of a tailored remedy does not constitute a waiver of any other remedy that DIR may have at law or equity, including, but not limited to, the remedies set forth in Section 11.03 below. Except as agreed upon by the Parties in Exhibit D (“Performance Management”) and as other- wise expressly provided in this Article 11, prior to imposing any remedy, DIR will pro- vide notice to the Vendor of the Deficiency, and such notice shall include a reasona- ble cure period in accordance with Section 11.02 (b), or as specified elsewhere in this CTSA. (b) Notice and opportunity to cure for Deficiencies. (1) Within ten calendar days (or another date approved by DIR) of Vendor's re- ceipt of written notice of a Deficiency, Vendor shall provide DIR a written re- sponse that: (A) Explains the reasons for the Deficiency, Vendor’s plan to address or cure the Deficiency, and the date and time by which the Deficiency will be cured; or (B) If Vendor disagrees with DIR’s findings, its reasons for disagreeing with DIR’s findings. (2) Vendor’s proposed cure of a Deficiency is subject to the approval of DIR, in its sole and absolute discretion. Vendor’s repeated commission of Deficiencies or repeated failure to resolve any such Deficiencies may be regarded by DIR as a Material Breach and entitle DIR to pursue any other remedy provided in this CTSA or any other appropriate remedy DIR may have at law or equity. (c) Notice and opportunity to cure for Material Breach. (1) DIR will notify Vendor in writing of any Material Breach. (2) Vendor will, within ten calendar days (or another date approved by DIR) of re- ceipt of written notice of a Material Breach, provide DIR a detailed written cor- rective action plan to correct or resolve such Material Breach (a Corrective Ac- tion Plan). The Corrective Action Plan must provide: (A) A detailed explanation of the reasons for the cited Material Breach; (B) Vendor’s assessment or diagnosis of the cause of the Material Breach; and, (C) A specific proposal to cure or resolve the Material Breach promptly and completely. (3) Vendor shall submit the Corrective Action Plan by the deadline set forth in DIR’s notice of Material Breach. The Corrective Action Plan is subject to ap- proval or modification by DIR, in its sole and absolute discretion. (4) DIR will notify Vendor in writing of DIR’s final disposition of the Corrective Ac- tion Plan. If DIR accepts Vendor’s proposed Corrective Action Plan, DIR may: (A) Condition such approval on completion of tasks in the order or priority that DIR may prescribe; (B) Disapprove portions of Vendor’s proposed Corrective Action Plan; or (C) Require additional or different Corrective Action Plan(s). (5) At any time during this process, DIR reserves the right, in its sole and absolute discretion, to: (A) Suspend all, or part of, this CTSA; or (B) Issue a written Stop Marketing Order which prohibits Vendor from further marketing the Services through or under the TEX-AN NG Contract to Customers during investigation of the alleged Material Breach and pending pend- ing corrective action, if necessary, by Vendor, or a deci- sion decision by DIR to terminate the CTSA for Cause. DIR may delay the imple- mentation implementation of the Stop Marketing Order if it affects the completion of any of the Services in accordance with a Customer’s and/or Authorized End Users’ approved schedule under a TEX-AN NG Customer Services Agreement. Any sus- pension or Stop Marketing Order by DIR that is not lifted within sixty (60) days will constitute a termination of this CTSA. (6) DIR’s acceptance of a Corrective Action Plan under this Section 11.02 will not: (A) Excuse Vendor’s prior Material Breach(es) and/or Deficiencies; (B) Relieve Vendor of its duty to comply with performance standards; or (C) Prohibit DIR from assessing additional tailored remedies or pursuing oth- er appropriate remedies for continued Deficiencies or Material Breaches.

Tailored remedies. (a) 17.2.1 Understanding of the Parties. Vendor Parties Successful Respondent agrees and understands that DIR may pursue tailored contractual remedies for noncompliance with this Contract in the event Vendor does not comply with the non-operational, contract management obligationsCTSA. At any time and at its sole and absolute discretion, except as agreed upon by the Parties in Exhibit D (“Performance Management”) and as otherwise expressly provided in this Article 11, DIR may im- pose impose or pursue one remedy or more remedies for each item of noncompliance and will determine rem- edies remedies on a case-by-by- case basis. DIR’s pursuit or non-pursuit of a tailored remedy does not constitute a waiver of any other remedy that DIR may have at law or equity, including, but not limited to, the remedies set forth in Section 11.03 17.3 below. Except as agreed upon by the Parties in Exhibit D (“Performance Management”) and as other- wise expressly provided in this Article 11, prior Prior to imposing any remedyremedies, DIR will pro- vide provide notice to the Vendor Successful Respondent of the Deficiencynon-compliance, and such notice shall include a reasona- ble reasonable cure period in accordance with Section 11.02 (b)17.2.2.2 5) ii, or as specified elsewhere in this CTSA. In all instances under which DIR may pursue multiple remedies, DIR has the option, in its sole and absolute discretion, to collect either Credits or actual damages. 17.2.2 Notice and Opportunity to Cure for Deficiencies a) In the event that DIR reasonably determines that Successful Respondent has failed or is reasonably likely to fail to meet performance expectations, standards, SLAs, or schedules (a Deficiency), but that, in the determination of DIR, in its sole and absolute discretion, do not result in a Material Breach or delay in the delivery or operation of the Services, DIR shall notify Successful Respondent in writing. If Successful Respondent has determined that it has failed or is reasonably likely to fail to meet performance expectations, standards, SLAs, or schedules, Successful Respondent shall notify DIR. b) Notice Upon notice or discovery, Successful Respondent will take immediate steps to mitigate any harmful effects of such Deficiency and opportunity to cure for Deficiencies. promptly perform a root cause analysis. Successful Respondent will, within ten (110) Within ten calendar days (or another date approved in writing by DIR) of Vendor's re- ceipt receipt of written notice of a DeficiencyDeficiency from DIR or delivery of such notification to DIR, Vendor shall provide DIR a written re- sponse response that: (A1) Explains the reasons for the Deficiency, VendorSuccessful Respondent’s plan to address or cure the Deficiency, and the date and time by which the Deficiency will be cured; or (B2) If Vendor Successful Respondent disagrees with DIR’s findings, its reasons for disagreeing with DIR’s findings. (2c) VendorSuccessful Respondent’s proposed cure of a Deficiency is subject to the approval of DIR, in its sole and absolute discretion. VendorSuccessful Respondent’s repeated commission of Deficiencies or repeated failure to resolve any such Deficiencies may be regarded by DIR as a Material Breach and entitle DIR to pursue any other remedy provided in this CTSA or any other appropriate remedy DIR may have at law or equity. (c) Notice . At any time, DIR may, in its own discretion and opportunity to cure for based on the passage of time and information discovered by DIR or provided by Successful Respondent, determine that a Deficiency is a Material Breach. (1) . In that instance, DIR will notify Vendor in writing of any Material Breach. (2) Vendor will, within ten calendar days (or another date approved by DIR) of re- ceipt of written notice of a Material Breach, provide DIR a detailed written cor- rective action plan to correct or resolve such Material Breach (a Corrective Ac- tion Plan). The Corrective Action Plan must provide: (A) A detailed explanation of the reasons for the cited Material Breach; (B) Vendor’s assessment or diagnosis of the cause of the Material Breach; and, (C) A specific proposal to cure or resolve the Material Breach promptly and completely. (3) Vendor shall submit the Corrective Action Plan by the deadline set forth in DIR’s notice of Material Breach. The Corrective Action Plan is subject to ap- proval or modification by DIR, in its sole and absolute discretion. (4) DIR will notify Vendor in writing of DIR’s final disposition of the Corrective Ac- tion Plan. If DIR accepts Vendor’s proposed Corrective Action Plan, DIR may: (A) Condition such approval on completion of tasks in the order or priority that DIR may prescribe; (B) Disapprove portions of Vendor’s proposed Corrective Action Plan; or (C) Require additional or different Corrective Action Plan(s). (5) At any time during this process, DIR reserves the right, in its sole and absolute discretion, to: (A) Suspend all, or part of, this CTSA; or (B) Issue a written Stop Marketing Order which prohibits Vendor from further marketing the Services during investigation of the alleged Material Breach and pending corrective action, if necessary, by Vendor, or a deci- sion by DIR to terminate the CTSA for Cause. DIR may delay the imple- mentation of the Stop Marketing Order if it affects the completion of any of the Services Successful Respondent in accordance with a Customer’s and/or Authorized End Users’ approved schedule under a TEX-AN NG Customer Services Agreementthe below requirements. (6) DIR’s acceptance of a Corrective Action Plan under this Section 11.02 will not: (A) Excuse Vendor’s prior Material Breach(es) and/or Deficiencies; (B) Relieve Vendor of its duty to comply with performance standards; or (C) Prohibit DIR from assessing additional tailored remedies or pursuing oth- er appropriate remedies for continued Deficiencies or Material Breaches.

Tailored remedies. (a) Understanding of the Parties. Vendor agrees and understands that DIR may pursue tailored contractual remedies for noncompliance with this Contract in the event Vendor does not comply with the non-operational, contract management obligations. At any time and at its sole and absolute discretion, except as agreed upon by the Parties in Exhibit D (“Performance Management”) and as otherwise expressly provided in this Article 11, DIR may im- pose or pursue one remedy for each item of noncompliance and will determine rem- edies on a case-by-case basis. DIR’s pursuit or non-pursuit of a tailored remedy does not constitute a waiver of any other remedy that DIR may have at law or equity, including, but not limited to, the remedies set forth in Section 11.03 below. Except as agreed upon by the Parties in Exhibit D (“Performance Management”) and as other- wise expressly provided in this Article 11, prior to imposing any remedy, DIR will pro- vide notice to the Vendor of the Deficiency, and such notice shall include a reasona- ble cure period in accordance with Section 11.02 (b), or as specified elsewhere in this CTSA. (b) Notice and opportunity to cure for Deficiencies. (1) Within ten calendar days (or another date approved by DIR) of Vendor's re- ceipt of written notice of a Deficiency, Vendor shall provide DIR a written re- sponse that: (A) Explains the reasons for the Deficiency, Vendor’s plan to address or cure the Deficiency, and the date and time by which the Deficiency will be cured; or (B) If Vendor disagrees with DIR’s findings, its reasons for disagreeing with DIR’s findings. (2) Vendor’s proposed cure of a Deficiency is subject to the approval of DIR, in its sole and absolute discretion. Vendor’s repeated commission of Deficiencies or repeated failure to resolve any such Deficiencies may be regarded by DIR as a Material Breach and entitle DIR to pursue any other remedy provided in this CTSA or any other appropriate remedy DIR may have at law or equity. (c) Notice and opportunity to cure for Material Breach. (1) DIR will notify Vendor in writing of any Material Breach. (2) Vendor will, within ten calendar days (or another date approved by DIR) of re- ceipt of written notice of a Material Breach, provide DIR a detailed written cor- rective action plan to correct or resolve such Material Breach (a Corrective Ac- tion Plan). The Corrective Action Plan must provide: (A) A detailed explanation of the reasons for the cited Material Breach; (B) Vendor’s assessment or diagnosis of the cause of the Material Breach; and, (C) A specific proposal to cure or resolve the Material Breach promptly and completely. (3) Vendor shall submit the Corrective Action Plan by the deadline set forth in DIR’s notice of Material Breach. The Corrective Action Plan is subject to ap- proval or modification by DIR, in its sole and absolute discretion. (4) DIR will notify Vendor in writing of DIR’s final disposition of the Corrective Ac- tion Plan. If DIR accepts Vendor’s proposed Corrective Action Plan, DIR may: (A) Condition such approval on completion of tasks in the order or priority that DIR may prescribe; (B) Disapprove portions of Vendor’s proposed Corrective Action Plan; or (C) Require additional or different Corrective Action Plan(s). (5) At any time during this process, DIR reserves the right, in its sole and absolute discretion, to: (A) Suspend all, or part of, this CTSA; or (B) Issue a written Stop Marketing Order which prohibits Vendor from further marketing the Services during investigation of the alleged Material Breach and pending corrective action, if necessary, by Vendor, or a deci- sion by DIR to terminate the CTSA for Cause. DIR may delay the imple- mentation of the Stop Marketing Order if it affects the completion of any of the Services in accordance with a Customer’s and/or Authorized End Users’ approved schedule under a TEX-AN NG Customer Services Agreement. (6) DIR’s acceptance of a Corrective Action Plan under this Section 11.02 will not: (A) Excuse Vendor’s prior Material Breach(es) and/or Deficiencies; (B) Relieve Vendor of its duty to comply with performance standards; or (C) Prohibit DIR from assessing additional tailored remedies or pursuing oth- er appropriate remedies for continued Deficiencies or Material Breaches.

Tailored remedies. (a) Understanding of the Parties. Vendor agrees and understands that DIR may pursue tailored contractual remedies for noncompliance with this Contract in the event Vendor does not comply with the non-operational, contract management obligations. At any time and at its sole and absolute discretion, except as agreed upon by the Parties in Exhibit D (“Performance Management”―Performance Management‖) and as otherwise expressly provided in this Article 11, DIR may im- pose or pursue one remedy for each item of noncompliance and will determine rem- edies re- medies on a case-by-case basis. DIR’s pursuit or non-pursuit of a tailored remedy does not constitute a waiver of any other remedy that DIR may have at law or equity, including, but not limited to, the remedies set forth in Section 11.03 below. Except as agreed upon by the Parties parties in Exhibit D (“Performance Management”―Performance Management‖) and as other- wise expressly provided in this Article 11, prior to imposing any remedy, DIR will pro- vide notice to the Vendor of the Deficiency, and such notice shall include a reasona- ble cure period in accordance with Section 11.02 (b), or as specified elsewhere in this CTSA. (b) Notice and opportunity to cure for Deficiencies. (1) Within ten calendar days (or another date approved by DIR) of Vendor's re- ceipt of written notice of a Deficiency, Vendor shall provide DIR a written re- sponse that: (A) Explains the reasons for the Deficiency, Vendor’s plan to address or cure the Deficiency, and the date and time by which the Deficiency will be cured; or (B) If Vendor disagrees with DIR’s findings, its reasons for disagreeing with DIR’s findings. (2) Vendor’s proposed cure of a Deficiency is subject to the approval of DIR, in its sole and absolute discretion. Vendor’s repeated commission of Deficiencies or repeated failure to resolve any such Deficiencies may be regarded by DIR as a Material Breach and entitle DIR to pursue any other remedy provided in this CTSA or any other appropriate remedy DIR may have at law or equity. (c) Notice and opportunity to cure for Material Breach. (1) DIR will notify Vendor in writing of any Material Breach. (2) Vendor will, within ten calendar days (or another date approved by DIR) of re- ceipt of written notice of a Material Breach, provide DIR a detailed written cor- rective action plan to correct or resolve such Material Breach (( a Corrective Ac- tion Plan). The Corrective Action Plan must provide: (A) A detailed explanation of the reasons for the cited Material Breach; (B) Vendor’s assessment or diagnosis of the cause of the Material Breach; and, (C) A specific proposal to cure or resolve the Material Breach promptly and completely. (3) Vendor shall submit the Corrective Action Plan by the deadline set forth in DIR’s notice of Material Breach. The Corrective Action Plan is subject to ap- proval or modification by DIR, in its sole and absolute discretion. (4) DIR will notify Vendor in writing of DIR’s final disposition of the Corrective Ac- tion Plan. If DIR accepts Vendor’s proposed Corrective Action Plan, DIR may: (A) Condition such approval on completion of tasks in the order or priority that DIR may prescribe; (B) Disapprove portions of Vendor’s proposed Corrective Action Plan; or (C) Require additional or different Corrective Action Plan(s). (5) At any time during this process, DIR reserves the right, in its sole and absolute discretion, to: (A) Suspend all, or part of, this CTSA; or (B) Issue a written Stop Marketing Order which prohibits Vendor from further marketing the Services during investigation of the alleged Material Breach and pending corrective action, if necessary, by Vendor, or a deci- sion by DIR to terminate the CTSA for Cause. DIR may delay the imple- mentation of the Stop Marketing Order if it affects the completion of any of the Services in accordance with a Customer’s and/or Authorized End Users’ approved schedule under a TEX-AN NG Customer Services Agreement. (6) DIR’s acceptance of a Corrective Action Plan under this Section 11.02 will not: (A) Excuse Vendor’s prior Material Breach(es) and/or Deficiencies; (B) Relieve Vendor of its duty to comply with performance standards; or (C) Prohibit DIR from assessing additional tailored remedies or pursuing oth- er appropriate remedies for continued Deficiencies or Material Breaches.

Tailored remedies. (a) 17.2.1 Understanding of the Parties. Vendor Parties Successful Respondent agrees and understands that DIR may pursue tailored contractual remedies for noncompliance with this Contract in the event Vendor does not comply with the non-operational, contract management obligationsCTSA. At any time and at its sole and absolute discretion, except as agreed upon by the Parties in Exhibit D (“Performance Management”) and as otherwise expressly provided in this Article 11, DIR may im- pose impose or pursue one remedy or more remedies for each item of noncompliance and will determine rem- edies remedies on a case-by-by- case basis. DIR’s pursuit or non-pursuit of a tailored remedy does not constitute a waiver of any other remedy that DIR may have at law or equity, including, but not limited to, the remedies set forth in Section 11.03 17.3 below. Except as agreed upon by the Parties in Exhibit D (“Performance Management”) and as other- wise expressly provided in this Article 11, prior Prior to imposing any remedyremedies, DIR will pro- vide provide notice to the Vendor Successful Respondent of the Deficiencynon-compliance, and such notice shall include a reasona- ble reasonable cure period in accordance with Section 11.02 (b)17.2.2.2 5) ii, or as specified elsewhere in this CTSA. In all instances under which DIR may pursue multiple remedies, DIR has the option, in its sole and absolute discretion, to collect either Credits or actual damages. (b) 17.2.2 Notice and opportunity Opportunity to cure Cure for Deficiencies. a) In the event that DIR reasonably determines that Successful Respondent has failed or is reasonably likely to fail to meet performance expectations, standards, SLAs, or schedules (1) Within ten calendar days (or another date approved by DIR) of Vendor's re- ceipt of written notice of a Deficiency), Vendor shall provide DIR a written re- sponse but that: (A) Explains , in the reasons for the Deficiency, Vendor’s plan to address or cure the Deficiency, and the date and time by which the Deficiency will be cured; or (B) If Vendor disagrees with DIR’s findings, its reasons for disagreeing with DIR’s findings. (2) Vendor’s proposed cure of a Deficiency is subject to the approval determination of DIR, in its sole and absolute discretion. Vendor’s repeated commission of Deficiencies or repeated failure to resolve any such Deficiencies may be regarded by DIR as , do not result in a Material Breach and entitle or delay in the delivery or operation of the Services, DIR shall notify Successful Respondent in writing. If Successful Respondent has determined that it has failed or is reasonably likely to pursue any other remedy provided in this CTSA fail to meet performance expectations, standards, SLAs, or any other appropriate remedy DIR may have at law or equityschedules, Successful Respondent shall notify DIR. (cb) Notice Upon notice or discovery, Successful Respondent will take immediate steps to mitigate any harmful effects of such Deficiency and opportunity to cure for Material Breach. (1) DIR will notify Vendor in writing of any Material Breach. (2) Vendor promptly perform a root cause analysis. Successful Respondent will, within ten (10) calendar days (or another date approved in writing by DIR) of re- ceipt receipt of written notice of a Material BreachDeficiency from DIR or delivery of such notification to DIR, provide DIR a detailed written cor- rective action plan to correct or resolve such Material Breach (a Corrective Ac- tion Plan). The Corrective Action Plan must provideresponse that: (A) A detailed explanation of the reasons for the cited Material Breach; (B) Vendor’s assessment or diagnosis of the cause of the Material Breach; and, (C) A specific proposal to cure or resolve the Material Breach promptly and completely. (3) Vendor shall submit the Corrective Action Plan by the deadline set forth in DIR’s notice of Material Breach. The Corrective Action Plan is subject to ap- proval or modification by DIR, in its sole and absolute discretion. (4) DIR will notify Vendor in writing of DIR’s final disposition of the Corrective Ac- tion Plan. If DIR accepts Vendor’s proposed Corrective Action Plan, DIR may: (A) Condition such approval on completion of tasks in the order or priority that DIR may prescribe; (B) Disapprove portions of Vendor’s proposed Corrective Action Plan; or (C) Require additional or different Corrective Action Plan(s). (5) At any time during this process, DIR reserves the right, in its sole and absolute discretion, to: (A) Suspend all, or part of, this CTSA; or (B) Issue a written Stop Marketing Order which prohibits Vendor from further marketing the Services during investigation of the alleged Material Breach and pending corrective action, if necessary, by Vendor, or a deci- sion by DIR to terminate the CTSA for Cause. DIR may delay the imple- mentation of the Stop Marketing Order if it affects the completion of any of the Services in accordance with a Customer’s and/or Authorized End Users’ approved schedule under a TEX-AN NG Customer Services Agreement. (6) DIR’s acceptance of a Corrective Action Plan under this Section 11.02 will not: (A) Excuse Vendor’s prior Material Breach(es) and/or Deficiencies; (B) Relieve Vendor of its duty to comply with performance standards; or (C) Prohibit DIR from assessing additional tailored remedies or pursuing oth- er appropriate remedies for continued Deficiencies or Material Breaches.