Common use of Termination for the Department’s Nonpayment Clause in Contracts

Termination for the Department’s Nonpayment. Except to the extent the Department is exercising its remedies and subject to the application of Section 3.7, if the Department fails to pay Contractor undisputed, material Charges when due under the Contract and fails to make such payments within 90 days of receipt of Notice from Contractor of the failure to make such payments, Contractor may, by giving Notice to the Department, terminate this Contract as of a date specified in the Notice of termination. Contractor does not have the right to terminate the Contract for the Department’s breach of the Contract except as provided in this Section.

Termination for the Department’s Nonpayment. Except to the extent the Department is exercising its remedies under this Contract, and subject to the application of Section 3.73.7 and the provisions of Section 3.6, if the Department fails to pay Contractor undisputed, material Charges when due under the Contract and fails to make such payments within 90 days of receipt of Notice from Contractor of the failure to make such payments, Contractor may, by giving Notice to the Department, terminate this Contract as of a date specified in the Notice of termination. Contractor does not have the a contractual right to terminate the Contract for the Department’s breach of the Contract except as provided in this Section.