Termination by the State. The Service Provider must comply with all terms and conditions of this Agreement. If the Service Provider fails to perform any one of its obligations under this Agreement, it will be in default, and the State may proceed in any or all of the following ways: I. the State may terminate this Agreement, the applicable Service Attachment(s), or the affected Order(s) under this Agreement; II. the State may withhold payment for any affected Service until the Service Provider cures the noncompliance or the Parties arrive at an agreement as to the corrective action for the noncompliance; or III. the State may file a complaint for damages with a court of competent jurisdiction in Ohio. The State also may terminate this Agreement or any Service Attachments for its convenience with 30 days written notice to the Service Provider. In any such event, each Subscribing Entity must pay for all accrued and unpaid charges for Services and any fee specified in the affected Service Attachment(s) for early termination (“Early Termination Charge”), if applicable. If the termination of the Agreement or any Service Attachment(s) is for cause, then neither the State nor any Subscribing Entities will be liable for any Early Termination Charge outlined in any affected Service Attachments. And the Service Provider will fully cooperate in any disentanglement efforts any Subscribing Entity reasonably requests at no cost to the requesting Subscribing Entity or Entities. The State's funds are contingent upon the availability of lawful appropriations by the Ohio General Assembly. If the General Assembly fails at any time to continue funding for the payments and other obligations due as part of this Agreement, the State’s obligations under this Agreement will terminate as of the date the funding expires without further obligation of the State, including but not limited to any Early Termination Charge outlined in any affected Service Attachments.
Appears in 3 contracts
Samples: Master Cloud Services Agreement, Master Service Agreement, Master Cloud Services Agreement
Termination by the State. The Service Provider Contractor must comply with all terms and conditions of this Agreement. If the Service Provider Contractor fails to perform any one of its material obligations under this Agreement, and fails to cure such failure within 30 days following written notice from the State, it will be in default, and the State may proceed in any or all of the following ways:
I. the The State may terminate this Agreement, the applicable Service Attachment(s), or the affected Order(s) under this Agreement;.
II. the The State may withhold payment for any affected Service until the Service Provider Contractor cures the noncompliance or the Parties arrive at an agreement as to agree on the corrective action for the Contractor must take to cure the noncompliance; or.
III. the The State may file a complaint for damages with a court of competent jurisdiction in Ohio. The State also may terminate this Agreement or any Service Attachments for its convenience with 30 days written notice to the Service ProviderContractor; provided, however, that neither the State nor any Subscriber shall be entitled to any refund of prepaid fees. In any such event, each Subscribing Entity Subscriber must pay for all accrued and unpaid charges for Services and any fee specified in the affected Service Attachment(s) for early termination (“Early Termination Charge”), if applicable. If the termination of the Agreement or any Service Attachment(s) is for cause, then neither the State nor any Subscribing Entities Subscribers will be liable for any Early Termination Charge outlined in any affected Service Attachments. And the Service Provider The Contractor will fully also reasonably cooperate in any disentanglement efforts any Subscribing Entity affected Subscribers reasonably requests request at no cost to the requesting Subscribing Entity or EntitiesSubscribers, even if disentanglement is a separately priced Service in the applicable Service Attachment(s). The State's funds are contingent upon the availability of lawful appropriations by the Ohio General Assembly. If the General Assembly fails at any time to continue funding for the payments and other obligations due as part of this Agreement, the State’s obligations under this Agreement will terminate as of the date the funding expires without further obligation of the State, including but not limited to any Early Termination Charge outlined in any affected Service AttachmentsAttachment(s).
Appears in 1 contract
Samples: Master Cloud Services Agreement
Termination by the State. The Service Provider must comply with all terms and conditions of this Agreement. If the Service Provider fails to perform any one of its obligations under this Agreement, it will be in default, and the State may proceed in any or all of the following ways:
I. the State may terminate this Agreement, the applicable Service Attachment(s), or the affected Order(s) under this Agreement;
II. the State may withhold payment for any affected Service until the Service Provider cures the noncompliance or the Parties arrive at an agreement as to the corrective action for the noncompliance; or
III. the State may file a complaint for damages with a court of competent jurisdiction in Ohio. The State also may terminate this Agreement or any Service Attachments for its convenience with 30 days written notice to the Service Provider. In any such event, each Subscribing Entity must pay for all accrued and unpaid charges for Services and any fee specified in the affected Service Attachment(s) for early termination (“Early Termination Charge”), if applicable. If the termination of the Agreement or any Service Attachment(s) is for cause, then neither the State nor any Subscribing Entities will be liable for any Early Termination Charge outlined in any affected Service Attachments. And the Service Provider will fully cooperate in any disentanglement efforts any Subscribing Entity reasonably requests at no cost to the requesting Subscribing Entity or Entities. The State's funds are contingent upon the availability of lawful appropriations by the Ohio General Assembly. If the General Assembly fails at any time to continue funding for the payments and other obligations due as part of this AgreementContract, the State’s obligations under this Agreement Contract will terminate as of the date the funding expires without further obligation of the State, including but not limited to any Early Termination Charge outlined in any affected Service AttachmentsAttachment(s).
Appears in 1 contract
Samples: Master Service Agreement
Termination by the State. The Service Provider Contractor must comply with all terms and conditions of this Agreement. If the Service Provider Contractor fails to perform any one of its obligations under this Agreement, it will be in default, and the State may proceed in any or all of the following ways:
I. the The State may terminate this Agreement, the applicable Service Attachment(s), or the affected Order(s) under this Agreement;.
II. the The State may withhold payment for any affected Service until the Service Provider Contractor cures the noncompliance or the Parties arrive at an agreement as to agree on the corrective action for the Contractor must take to cure the noncompliance; or.
III. the The State may file a complaint for damages with a court of competent jurisdiction in Ohio. The State also may terminate this Agreement or any Service Attachments for its convenience with 30 days written notice to the Service ProviderContractor. In any such event, each Subscribing Entity Subscriber must pay for all accrued and unpaid charges for Services and any fee specified in the affected Service Attachment(s) for early termination (“Early Termination Charge”), if applicable. If the termination of the Agreement or any Service Attachment(s) is for cause, then neither the State nor any Subscribing Entities Subscribers will be liable for any Early Termination Charge outlined in any affected Service Attachments. And the Service Provider Contractor will fully cooperate in any disentanglement efforts any Subscribing Entity affected Subscribers reasonably requests request at no cost to the requesting Subscribing Entity or EntitiesSubscribers, even if disentanglement is a separately priced Service in the applicable Service Attachment(s). The State's funds are contingent upon the availability of lawful appropriations by the Ohio General Assembly. If the General Assembly fails at any time to continue funding for the payments and other obligations due as part of this Agreement, the State’s obligations under this Agreement will terminate as of the date the funding expires without further obligation of the State, including but not limited to any Early Termination Charge outlined in any affected Service AttachmentsAttachment(s).
Appears in 1 contract
Samples: Master Cloud Services Agreement