RECURRING DELIVERABLES. Certain of the Service Provider's obligations under the Agreement are periodic obligations to deliver key Recurring Deliverables. Attachment 3-A sets forth the amounts that shall be payable by the Service Provider to DIR in the event the Service Provider fails to deliver any of the Recurring Deliverables within the required time period specified in Attachment 3-A (the "Recurring Deliverables Credit"). Imposition of a Recurring Deliverables Credit for failure to meet the Recurring Deliverables obligations shall not be subject to or included in the At-Risk Amount. The total amount of Recurring Deliverables Credit that the Service Provider will be obligated to pay to DIR shall be reflected on the invoice that contains charges for the month following which the Recurring Deliverables Credits accrued (for example, the amount of Recurring Deliverables Credits payable for failure to deliver any Recurring Deliverable(s) in August shall be set forth in the invoice for September charges issued in October). Recurring Deliverables Credits shall not be subject to Earnback. Under no circumstances shall the imposition of the Recurring Deliverables Credit described above or DIR's exercise of any other rights hereunder be construed as DIR's sole or exclusive remedy for any failures described hereunder. DIR may add, modify or delete Recurring Deliverables by sending written notice in accordance with Section 4, provided that after the implementation of any such addition or modification the aggregate amount of the Recurring Deliverables Credits will not exceed the maximum amount of Recurring Deliverables Credits set forth on Attachment 3-A.
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Samples: publishingext.dir.texas.gov, pubext.dir.texas.gov, pubext.dir.texas.gov
