Common use of Critical Services Clause in Contracts

Critical Services. ‌ Without limiting DIR's rights under Section 20.1, if Service Provider commits a material breach which has a significant impact on the ability of DIR or any DIR Customer to conduct a material aspect of its operations, and Service Provider is unable to cure such breach within forty-eight (48) hours, DIR may, in addition to its other remedies at Law and in equity, obtain from a third party or provide for itself comparable services which shall allow DIR and the DIR Customers to conduct their operations until Service Provider has cured the breach or this Agreement is terminated. Service Provider shall reimburse DIR for all costs and expenses of obtaining or providing such services up to the Charges actually paid to Service Provider for the Services with respect to the period of non-performance but in no event longer than the earlier to occur of (a) 180 days from the start of such delay, or (b) the remaining Term, provided that DIR continues to pay Service Provider for such Charges. The express inclusion of this remedy in this Section 20.7 does not limit DIR's right to use a similar remedy for other breaches by Service Provider of this Agreement.

Critical Services. ‌ Without limiting DIR's rights under Section 20.1, if Service Provider commits a material breach which has a significant impact on the ability of DIR or any DIR Customer to conduct a material aspect of its operations, and Service Provider is unable to cure such breach within forty-eight (48) hours, DIR may, in addition to its other remedies at Law and in equity, obtain from a third party or provide for itself comparable services which shall allow DIR and the DIR Customers to conduct their operations until Service Provider has cured the breach or this Agreement is terminated. Service Provider shall reimburse DIR for all costs and expenses of obtaining or providing such services up to the Charges actually paid to Service Provider for the Services with respect to the period of non-performance but in no event longer than the earlier to occur of (a) 180 120 days from the start of such delay, or (b) the remaining Term, provided that DIR continues to pay Service Provider for such Charges. The express inclusion of this remedy in this Section 20.7 does not limit DIR's right to use a similar remedy for other breaches by Service Provider of this Agreement.