Common use of Operational Responsibility Clause in Contracts

Operational Responsibility. With respect to Materials, Equipment, Equipment Leases and Third Party Contracts for which Service Provider is operationally responsible under Attachment 4-B, Service Provider shall be responsible for: (i) the evaluation, procurement, testing, installation, rollout, use, support, management, administration, operation and maintenance of such Materials, Equipment, Equipment Leases and Third Party Contracts; (ii) the evaluation, procurement, testing, installation, rollout, use, support, management, administration, operation and maintenance of new, substitute or replacement Materials, Equipment, Equipment Leases and Third Party Contracts (including Upgrades, enhancements, new versions or new releases of such Software); (iii) the performance, availability, reliability, compatibility and interoperability of such Materials, Equipment and Third Party Contracts each in accordance with this Agreement, including the Service Levels and Change Control Procedures; (iv) the compliance with and performance of all operational, administrative and contractual obligations specified in the applicable licenses, leases and contracts; (v) the observance of and compliance with all Laws applicable to such licenses, leases and contracts (without limiting the obligation of the Parties under Section 15.11); (vi) the administration and exercise as appropriate of all rights available under such licenses, leases and contracts; and (vii) the payment of any fees, penalties, charges, interest or other expenses due and owing under or with respect to such licenses, leases and contracts that are incurred or caused by, or result from Service Provider's failure to comply with or perform its obligations under this Section 6.4(b) (except to the extent that such fees, penalties, charges, interest or other expenses directly result from the wrongful acts or omissions of DIR, prior to assumption of financial responsibility by Service Provider).

Operational Responsibility. With respect to Materials, Equipment, Equipment Leases and Third Party Contracts for which Service Provider is operationally responsible under Attachment 4-B, Service Provider shall be responsible for: (i) the evaluation, procurement, testing, installation, rollout, use, support, management, administration, operation and maintenance of such Materials, Equipment, Equipment Leases and Third Party Contracts; (ii) the evaluation, procurement, testing, installation, rollout, use, support, management, administration, operation and maintenance of new, substitute or replacement Materials, Equipment, Equipment Leases and Third Party Contracts (including Upgrades, enhancements, new versions or new releases of such Software); (iii) the performance, availability, reliability, compatibility and interoperability of such Materials, Equipment and Third Party Contracts each in accordance with this Agreement, including the Service Levels and Change Control Procedures; (iv) the compliance with and performance of all operational, administrative and contractual obligations specified in the applicable licenses, leases and contracts; (v) the observance of and compliance with all Laws applicable to such licenses, leases and contracts (without limiting the obligation of the Parties under Section 15.11); (vi) the administration and exercise as appropriate of all rights available under such licenses, leases and contracts; and (vii) the payment of any fees, penalties, charges, interest or other expenses due and owing under or with respect to such licenses, leases and contracts that are incurred or caused by, or result from Service Provider's failure to comply with or perform its obligations under this Section 6.4(b) (except to the extent that such fees, penalties, charges, interest or other expenses directly result from the wrongful acts or omissions of DIR, prior to assumption of financial responsibility by Service Provider).

Operational Responsibility. With respect to Materials, Equipment, Equipment Leases and Third Party Contracts for which Service Provider is operationally responsible under Attachment 4-BC, Service Provider shall be responsible for: (i) the evaluation, procurement, testing, installation, rollout, use, support, management, administration, operation and maintenance of such Materials, Equipment, Equipment Leases and Third Party Contracts; (ii) the evaluation, procurement, testing, installation, rollout, use, support, management, administration, operation and maintenance of new, substitute or replacement Materials, Equipment, Equipment Leases and Third Party Contracts (including Upgrades, enhancements, new versions or new releases of such Software); (iii) the performance, availability, reliability, compatibility and interoperability of such Materials, Equipment and Third Party Contracts each in accordance with this Agreement, including the Service Levels and Change Control Procedures; (iv) the compliance with and performance of all operational, administrative and contractual obligations specified in the applicable licenses, leases and contracts; (v) the observance of and compliance with all Laws applicable to such licenses, leases and contracts (without limiting the obligation of the Parties under Section 15.11); (vi) the administration and exercise as appropriate of all rights available under such licenses, leases and contracts; and (vii) the payment of any fees, penalties, charges, interest or other expenses due and owing under or with respect to such licenses, leases and contracts that are incurred or caused by, or result from Service Provider's failure to comply with or perform its obligations under this Section 6.4(b) (except to the extent that such fees, penalties, charges, interest or other expenses directly result from the wrongful acts or omissions of DIRTxDOT, prior to assumption of financial responsibility by Service Provider).