Common use of By Successful Respondent Clause in Contracts

By Successful Respondent. In the event that DIR fails to pay Successful Respondent amounts due and owing in accordance with Chapter 2251, Texas Government Code exceeding in the aggregate two (2) months of monthly base charge by the specified due date and fails to cure such default within thirty (30) days of notice from Successful Respondent of its intention to terminate for failure to make such payment, Successful Respondent may, upon further notice to DIR specifying Successful Respondent’s intention to terminate this Agreement in accordance with this provision following an additional thirty (30) days, terminate this Agreement in its entirety as of the termination date specified in the further notice (provided that DIR has not cured the default prior to the effective date of termination). Successful Respondent acknowledges and agrees that this Section describes Successful Respondent's sole right to terminate this Agreement and Successful Respondent hereby waives any other rights it may have to terminate this Agreement.

Appears in 5 contracts

Samples: Master Services Agreement, Master Services Agreement, Master Services Agreement

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By Successful Respondent. In the event that DIR fails to pay Successful Respondent amounts due and owing in accordance with Chapter 2251, Texas Government Code exceeding in the aggregate two (2) months of monthly base charge Monthly Base Charge by the specified due date and fails to cure such default within thirty (30) days of notice from Successful Respondent of its intention to terminate for failure to make such payment, Successful Respondent may, upon further notice to DIR specifying Successful Respondent’s intention to terminate this Agreement in accordance with this provision following an additional thirty (30) days, terminate this Agreement in its entirety as of the termination date specified in the further notice (provided that DIR has not cured the default prior to the effective date of termination). Successful Respondent acknowledges and agrees that this Section 20.1(b) describes Successful Respondent's sole right to terminate this Agreement and Successful Respondent hereby waives any other rights it may have to terminate this Agreement.

Appears in 2 contracts

Samples: Master Services Agreement, Master Services Agreement

By Successful Respondent. In the event that DIR fails to pay Successful Respondent amounts due and owing in accordance with Chapter 2251, Texas Government Code exceeding in the aggregate two (2) months of monthly base charge by the specified due date and fails to cure such default within thirty (30) days of notice from Successful Respondent of its intention to terminate for terminatefor failure to make such payment, Successful Respondent may, upon further notice to DIR specifying Successful Respondent’s intention to terminate this Agreement in accordance with this provision following an additional thirty (30) days, terminate this Agreement in its entirety as of the termination date specified in the further notice (provided that DIR has not cured the default prior to the effective date of termination). Successful Respondent acknowledges and agrees that this Section 17.1(b) describes Successful Respondent's sole right to terminate this Agreement and Successful Respondent hereby waives any other rights it may have to terminate this Agreement.

Appears in 1 contract

Samples: Master Services Agreement

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By Successful Respondent. In the event that DIR fails to pay Successful Respondent amounts due and owing in accordance with Chapter 2251, Texas Government Code exceeding in the aggregate two (2) months of monthly base charge Charges by the specified due date and fails to cure such default within thirty (30) days of notice from Successful Respondent of its intention to terminate for failure to make such payment, Successful Respondent may, upon further notice to DIR specifying Successful Respondent’s intention to terminate this Agreement in accordance with this provision following an additional thirty (30) days, terminate this Agreement in its entirety as of the termination date specified in the further notice (provided that DIR has not cured the default prior to the effective date of termination). Successful Respondent acknowledges and agrees that this Section 20.1(b) describes Successful Respondent's sole right to terminate this Agreement and Successful Respondent hereby waives any other rights it may have to terminate this Agreement.

Appears in 1 contract

Samples: Master Services Agreement

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