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.

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.