Common use of DoIT Default Clause in Contracts

DoIT Default. 9.2.1 DoIT is in default of this Agreement if DoIT fails to cure any non-monetary breach of any material term of this Agreement within thirty (30) days of receiving written notice of the breach from Customer (“DoIT Default”); provided, however, that Customer expressly acknowledges that failure to meet the Service Availability Objectives in the SLA is not subject to a claim of a DoIT Default. Customer’s exclusive remedies for any failure of DoIT to meet the Service Availability Objectives are set forth in the SLA. 9.2.2 In the event of a DoIT Default, Customer may terminate the Services and the Agreement upon written notice to DoIT. Any termination shall not relieve Customer of its obligations to pay all charges incurred hereunder prior to such termination.