Client Remedies Sample Clauses

Client Remedies. We will provide Services in accordance with professional standards of conduct generally applicable to conformity assessment organizations. In the event a tribunal described in Section 19 determines that we have failed to comply with such standards of conduct in providing Services and that such failure directly caused you harm, we will compensate you for such direct harm, PROVIDED, HOWEVER, that the amount of such compensation will not exceed the amount of fees paid by you to us for the specific portion of the Services rendered that directly caused you harm, and that, under no circumstances will we be liable to you for any incidental, consequential, or punitive damages. EXCEPT AS OTHERWISE PROVIDED IN THIS SECTION 11, WE MAKE NO OTHER REPRESENTATION OR WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY “IMPLIED WARRANTY OF MERCHANTABILITY” OR “FITNESS FOR A PARTICULAR PURPOSE.” For the purposes of this Section and Sections 12, 13, and 20, the term “Services” also includes the conception, development, promulgation, review, publication, modification, withdrawal, interpretation, use, or application of any testing standard or requirement at any time by any UL Company.

Client Remedies. 6.1 If the Supplier fails to deliver the Goods and/or perform the Services by the applicable date, the Client shall, without limiting or affecting other rights or remedies available to it, have one or more of the following rights: (a) to terminate the Contract with immediate effect by giving written notice to the Supplier; (b) to refuse to accept any subsequent performance of the Services and/or delivery of the Goods which the Supplier attempts to make; (c) to recover from the Supplier any costs incurred by the Client in obtaining substitute goods and/or services from a third party; (d) to require a refund from the Supplier of sums paid in advance for Services that the Supplier has not provided and/or Goods that it has not delivered; and (e) to claim damages for any additional costs, loss or expenses incurred by the Client which are in any way attributable to the Supplier's failure to meet such dates. 6.2 If the Supplier has delivered Goods that do not comply with the undertakings set out in clause 3.1, then, without limiting or affecting other rights or remedies available to it, the Client shall have one or more of the following rights, whether or not it has accepted the Goods: (a) to terminate the Contract with immediate effect by giving written notice to the Supplier; (b) to reject the Goods (in whole or in part) whether or not title has passed and to return them to the Supplier at the Supplier's own risk and expense; (c) to require the Supplier to repair or replace the rejected Goods, or to provide a full refund of the price of the rejected Goods; (d) to refuse to accept any subsequent delivery of the Goods which the Supplier attempts to make; (e) to recover from the Supplier any expenditure incurred by the Client in obtaining substitute goods from a third party; and (f) to claim damages for any additional costs, loss or expenses incurred by the Client arising from the Supplier's failure to supply Goods in accordance with clause 3.1. 6.3 These Conditions shall extend to any substituted or remedial services and/or repaired or replacement goods supplied by the Supplier. 6.4 The Client's rights under the Contract are in addition to its rights and remedies implied by statute and common law. 6.5 Without prejudice to any other right of the Client, failure by the Buyer to comply with clause 5.3(m) shall be deemed an irremediable material breach of contract.

Client Remedies. Upon the occurrence and during the continuance of an Event of Default, Client may, in its sole discretion, without notice of its election and demand, do any one or more of the following, all of which are authorized by Guarantor: (a) require Guarantor to assemble the Collateral and the records pertaining to the Collateral, and make them available to Client at a place designated by Client; (b) enter any premises where any Collateral may be located and take possession of the Collateral with or without judicial process; (c) use, sell, assign, lease, or otherwise dispose of the Collateral or any part thereof and at any location, and at public or private sale, upon such terms as are acceptable to Client; (e) collect the payments, rents, income, and revenues arising from the Collateral; or (d) otherwise enforce the security interest created under this Agreement and exercise any and all rights it may have under the California Commercial Code, this Agreement or other applicable law. All of Client’s rights, powers, and remedies under this Agreement are in addition to all rights, powers, and remedies given to Client at law or equity. The exercise of one of these rights or remedies will not impair Client’s right to exercise any other right or remedy.

Client Remedies. Notwithstanding any other provision of this Agreement, Client shall have all the rights and remedies which it may have, at law or in equity, with respect to: the termination of this Agreement; the collection of royalties or other amounts payable by Licensee under this Agreement; the enforcement of all rights relating to the establishment, maintenance, or protection of the Licensed Marks; and damages or equitable relief in connection with breach of this Agreement by Licensee. Licensee acknowledges that its failure to use the Licensed Marks or to cease use of the Licensed Marks in accordance with this Agreement will result in immediate and irreparable harm to Client, and understands that termination under Section 10 shall not be considered an exclusive remedy or in any way limit Client from enforcing other rights or remedies.

Client Remedies. In the event Agency fails to satisfactorily perform any of the Services on a timely basis not as a result of a delay caused by the acts or omissions of Client, Client shall have the right, without prejudice to any other rights or remedies it may have under this Agreement or any applicable SOW, to take one or more of the following steps: (i) suspend Agency's right and obligation to complete its performance of the Services until such time as the Agency is able to demonstrate to Client's reasonable satisfaction that it can satisfactorily meet its obligations under this Agreement; (ii) itself provide and/or engage a replacement agency to provide any or all of the delayed or unsatisfactory Services; and (iii) withhold, in good faith, payment of any amounts otherwise due to Agency in a sufficient amount to set off against any damages caused to Client as a consequence of Agency's breach.

Client Remedies. CCI and its representative’s entire liability and CLIENT exclusive remedy under the express warranty is, at CCI’s option, either (a) refund the amount actually paid by CLIENT for the use of the eCM-SERVICE, corresponding to the last month, or (b) repair or replace the SOFTWARE-PRODUCT that does not meet CCI’s Limited Warranty. This Limited Warranty is void if failure of the SOFTWARE-PRODUCT has resulted from accident, abuse or misapplication.

Client Remedies. Client’s remedy for Host’s non-performance of its obligations pursuant to a specific Hosting Order governed by this Agreement shall be a refund of any unused fees or deposits paid by Client to Host for each specific Hosting Order subject to Host’s breach for non-performance. Should the Client elect to terminate this Agreement for cause, the Host shall owe Client a fee equal to all expenses associated with the decommissioning, storage, and/or removal of any Client Equipment from a Host Facility.

Client Remedies. Client reserves all remedies available to it. Client’ decision to use or not use a right it has under this Agreement does not affect its right to do so in the future. Client’ rights and remedies under this Agreement are cumulative and in addition to all rights and remedies given to it under applicable law.

Client Remedies. 5.1. If Intec fails to perform the Services by the dates set out in Schedule 1 or as otherwise agreed between the Parties in writing, the Client shall, without limiting its other rights or remedies, have one or more (at its election) of the following rights: 5.1.1. to terminate the Agreement with immediate effect by giving written notice to Intec; 5.1.2. to refuse to accept any subsequent performance of the Services which Intec attempts to make; 5.1.3. to recover from Intec any costs incurred by the Client in obtaining substitute services from a third party; 5.1.4. where the Client has paid in advance for Services that have not been provided by Intec, to have such sums refunded by Intec within the timescales notified by the Client; or 5.1.5. to claim damages for any additional costs, loss or expenses incurred by the Client which are in any way attributable to Intec's failure to meet such dates. 5.2. The terms of the Agreement shall extend to any substituted or remedial services provided by Intec. 5.3. The Client's rights under the Agreement are in addition to its rights and remedies implied by statute and common law.

Client Remedies. Notwithstanding any other provision of this Agreement, Client shall have all the rights and remedies which it may have, at law or in equity, with respect to (i) the termination of this Agreement, (ii) the enforcement of all rights relating to the establishment, maintenance, or protection of the Marks, and (iii) damages or equitable relief in connection with breach of this Agreement by Chapter. Chapter acknowledges that its failure to use the Marks or to cease use of the Marks in accordance with this Agreement shall result in immediate and irreparable harm to Client, and understands that termination under Section 9 shall not be considered an exclusive remedy or in any way limit Client from enforcing other rights or remedies.