Covalent Services Warranty; Remedies. Covalent represents and warrants that (i) the Services will perform as stated in this Agreement, be free from material defects, and operate in substantial conformance with the Documentation, except for de minimis non-conformities that do not interfere with the day-to-day operation of the Services. Customer acknowledges and agrees that, as with any data-driven software, certain defects or issues that may manifest themselves in the Services are in fact due to defective, corrupted, or bad quality Customer Content. The aforementioned warranties are only valid in the situations where the Customer Content is free from defects or issues. If there is a breach of the warranty in this Section 5.2, Covalent shall, at its election, within thirty (30) days from the date Customer notifies Covalent of the defect or non-conformance (i) correct the defect or nonconformance in the Services so that it operates in conformance with the Documentation; (ii) replace any defective or non-conforming component of the Services so that is free of defects or performs in conformance with the Documentation; or (iii) in the event that Covalent reasonable determines that neither of the foregoing is practicable, refund all amounts Customer has pre-paid to Covalent for the defective or non-conforming component of the Services. The foregoing are Customer’s sole remedies and Covalent’s exclusive obligations in connection any defect in, or non-conformance of, the Services during the Term of this Agreement.
