Common use of Right of Use Clause in Contracts

Right of Use. Notwithstanding anything to the contrary contained in this Agreement, Successful Respondent acknowledges and agrees that (i) this is not a requirements contract and DIR and the DIR Customers shall not be required to obtain their requirements for any of the Services from Successful Respondent and (ii) Successful Respondent is not the exclusive provider to DIR or the DIR Customers of any of the Services and DIR and the DIR Customers may at any time themselves and/or through third parties (each, a "DIR Contractor") provide and/or obtain any services (including services to supplement, replace or render unnecessary the Services). Nothing in this Agreement shall be construed or interpreted as limiting DIR's right or ability to add or delete DIR Customers, or DIR's or any DIR Customer's right or ability during the Term to change requirements, move parts of Services in and out of scope, or to increase or decrease their demand for Services. To the extent DIR or a DIR Customer obtains from DIR Contractors, or provides to itself, any of the Services, the Charges and Termination Charges shall be adjusted downward in accordance with Exhibit 4.5 Third-Party Contracts, to the extent applicable, or equitably adjusted downward in proportion to the portion of the Services that Successful Respondent shall not be providing to the extent that Exhibit 4.5 Third-Party Contracts does not provide for such reduction. Such equitable adjustments shall include, if applicable, the unrecovered amounts set forth in Section 11.1(a), (b), (c) and (d) of Exhibit 4.5 Third-Party Contracts in proportion to the portion of the Services that Successful Respondent shall not be providing; provided, however, that such unrecovered amounts have been incurred by Successful Respondent in good faith and with a reasonable expectation of providing the Services pursuant to this Agreement.

Right of Use. Notwithstanding anything to the contrary contained in this Agreement, Successful Respondent Service Provider acknowledges and agrees that (i) this is not a requirements contract and DIR and the DIR Customers shall not be required to obtain their requirements for any of the Services from Successful Respondent Service Provider and (ii) Successful Respondent Service Provider is not the exclusive provider to DIR or the DIR Customers of any of the Services and DIR and the DIR Customers may at any time themselves and/or through third parties (each, a "DIR Contractor") provide and/or obtain any services (including services to supplement, replace or render unnecessary the Services). Nothing in this Agreement shall be construed or interpreted as limiting DIR's right or ability to add or delete DIR Customers, or DIR's or any DIR Customer's right or ability during the Term to change requirements, move parts of Services in and out of scope, or to increase or decrease their demand for Services. To the extent DIR or a DIR Customer obtains from DIR Contractors, or provides to itself, any of the Services, the Charges and Termination Charges shall be adjusted downward in accordance with Exhibit 4.5 Third-Party Contracts4, to the extent applicable, or equitably adjusted downward in proportion to the portion of the Services that Successful Respondent Service Provider shall not be providing to the extent that Exhibit 4.5 Third-Party Contracts 4 does not provide for such reduction. Such equitable adjustments shall include, if applicable, the unrecovered amounts set forth in Section 11.1(a), (b), (c) and (d) of Exhibit 4.5 Third-Party Contracts 4 in proportion to the portion of the Services that Successful Respondent Service Provider shall not be providing; provided, however, that such unrecovered amounts have been incurred by Successful Respondent Service Provider in good faith and with a reasonable expectation of providing the Services pursuant to this Agreement. Subject to the satisfying the requirements set forth in Exhibit 4 (including Section 7 thereof), Service Provider will be eligible to recover, to the extent applicable, the unrecovered amounts set forth in Section 11.1(a), (b), and (d) of Exhibit 4 for decreases in demand for Services below the bands associated with a Resource Baseline volume.

Right of Use. Notwithstanding anything to the contrary contained in this Agreement, Successful Respondent Service Provider acknowledges and agrees that (i) this is not a requirements contract and DIR and the DIR Customers shall not be required to obtain their requirements for any of the Services from Successful Respondent Service Provider and (ii) Successful Respondent Service Provider is not the exclusive provider to DIR or the DIR Customers of any of the Services and DIR and the DIR Customers may at any time themselves and/or through third parties (each, a "DIR Contractor") provide and/or obtain any services (including services to supplement, replace or render unnecessary the Services). Nothing in this Agreement shall be construed or interpreted as limiting DIR's right or ability to add or delete DIR Customers, or DIR's or any DIR Customer's right or ability during the Term to change requirements, move parts of Services in and out of scope, or to increase or decrease their demand for Services. To the extent DIR or a DIR Customer obtains from DIR Contractors, or provides to itself, any of the Services, the Charges and Termination Charges shall be adjusted downward in accordance with Exhibit 4.5 Third-Party Contracts4, to the extent applicable, or equitably adjusted downward in proportion to the portion of the Services that Successful Respondent Service Provider shall not be providing to the extent that Exhibit 4.5 Third-Party Contracts 4 does not provide for such reduction. Such equitable adjustments shall include, if applicable, the unrecovered amounts set forth in Section 11.1(a), (b), (c) and (d) of Exhibit 4.5 Third-Party Contracts E xhibit 4 in proportion to the portion of the Services that Successful Respondent Service Provider shall not be providing; provided, however, that such unrecovered amounts have been incurred by Successful Respondent Service Provider in good faith and with a reasonable expectation of providing the Services pursuant to this Agreement. Subject to the satisfying the requirements set forth in Exhibit 4 (including Section 7 thereof), Service Provider will be eligible to recover, to the extent applicable, the unrecovered amounts set forth in Section 11.1(a), (b), and (d) of E xhibit 4 for decreases in demand for Services below the bands associated with a Resource Baseline volume.

Right of Use. Notwithstanding anything to the contrary contained in this Agreement, Successful Respondent Service Provider acknowledges and agrees that (i) this is not a requirements contract and DIR and the DIR Customers shall not be required to obtain their requirements for any of the Services from Successful Respondent Service Provider and (ii) Successful Respondent Service Provider is not the exclusive provider to DIR or the DIR Customers of any of the Services and DIR and the DIR Customers may at any time themselves and/or through third parties (each, a "DIR Contractor") provide and/or obtain any services (including services to supplement, replace replace, or render unnecessary the Services). Nothing in this Agreement shall be construed or interpreted as limiting DIR's right or ability to add or delete DIR Customers, or DIR's or any DIR Customer's right or ability during the Term to change requirements, move parts of Services in and out of scope, or to increase or decrease their demand for Services. To the extent DIR or a DIR Customer obtains from DIR Contractors, or provides to itself, any of the Services, the Charges and Termination Charges shall be adjusted downward in accordance with Exhibit 4.5 Third-Party Contracts4, to the extent applicable, or equitably adjusted downward in proportion to the portion of the Services that Successful Respondent Service Provider shall not be providing to the extent that Exhibit 4.5 Third-Party Contracts 4 does not provide for such reduction. Such equitable adjustments shall include, if applicable, the unrecovered amounts set forth in Section 11.1(a), (b), (c) and (d) of Exhibit 4.5 Third-Party Contracts 4 in proportion to the portion of the Services that Successful Respondent Service Provider shall not be providing; provided, however, that such unrecovered amounts have been incurred by Successful Respondent Service Provider in good faith and with a reasonable expectation of providing the Services pursuant to this Agreement. Subject to the satisfying the requirements set forth in Exhibit 4 (including Section 7 thereof), Service Provider will be eligible to recover, to the extent applicable, the unrecovered amounts set forth in Section 11.1(a), (b), and (d) of Exhibit 4 for decreases in demand for Services below the bands associated with a Resource Baseline volume.

Right of Use. Notwithstanding anything to the contrary contained in this Agreement, Successful Respondent acknowledges and agrees that (i) this is not a requirements contract and DIR and the DIR Customers shall not be required to obtain their requirements for any of the Services from Successful Respondent and (ii) Successful Respondent is not the exclusive provider to DIR or the DIR Customers of any of the Services and DIR and the DIR Customers may at any time themselves and/or through third parties (each, a "DIR Contractor") provide and/or obtain any services (including services to supplement, replace or render unnecessary the Services). Nothing in this Agreement shall be construed or interpreted as limiting DIR's right or ability to add or delete DIR Customers, or DIR's or any DIR Customer's right or ability during the Term to change requirements, move parts of Services in and out of scope, or to increase or decrease their demand for Services. To the extent DIR or a DIR Customer obtains from DIR Contractors, or provides to itself, any of the Services, the Charges and Termination Charges shall be adjusted downward in accordance with Exhibit 4.5 Third-Party Contracts, to the extent applicable, or equitably adjusted downward in proportion to the portion of the Services that Successful Respondent shall not be providing to the extent that Exhibit 4.5 Third-Party Contracts does not provide for such reduction. Such equitable adjustments shall include, if applicable, the unrecovered amounts set forth in Section 11.1(a), (b), (c) and (d) of Exhibit 4.5 Third-Party Contracts in proportion to the portion of the Services that Successful Respondent shall not be providing; provided, however, that such unrecovered amounts have been incurred by Successful Respondent in good faith and with a reasonable expectation of providing the Services pursuant to this Agreement.and

Right of Use. Notwithstanding anything to the contrary contained in this Agreement, Successful Respondent Service Provider acknowledges and agrees that (i) this is not a requirements contract and DIR and the DIR Customers shall not be required to obtain their requirements for any of the Services from Successful Respondent Service Provider and (ii) Successful Respondent Service Provider is not the exclusive provider to DIR or the DIR Customers of any of the Services and DIR and the DIR Customers may at any time themselves and/or through third parties (each, a "DIR Contractor") provide and/or obtain any services (including services to supplement, replace or render unnecessary the Services). Nothing in this Agreement shall be construed or interpreted as limiting DIR's right or ability to add or delete DIR Customers, or DIR's or any DIR Customer's right or ability during the Term to change requirements, move parts of Services in and out of scope, or to increase or decrease their demand for Services. To the extent DIR or a DIR Customer obtains from DIR Contractors, or provides to itself, any of the Services, the Charges and Termination Charges shall be adjusted downward in accordance with Exhibit 4.5 Third-Party Contracts4, to the extent applicable, or equitably adjusted downward in proportion to the portion of the Services that Successful Respondent Service Provider shall not be providing to the extent that Exhibit 4.5 Third-Party Contracts 4 does not provide for such reduction. Such equitable adjustments shall include, if applicable, the unrecovered amounts set forth in Section 11.1(a), (b), (c) and (d) of Exhibit 4.5 Third-Party Contracts 4 in proportion to the portion of the Services that Successful Respondent Service Provider shall not be providing; provided, however, that such unrecovered amounts have been incurred by Successful Respondent Service Provider in good faith and with a reasonable expectation of providing the Services pursuant to this Agreement.