Common use of DEFECTIVE MAINTENANCE Clause in Contracts

DEFECTIVE MAINTENANCE. Subject to the terms of this Agreement governing warranties and limitation of liabilities, the following terms shall govern procedures and remedies in the event that the Licensor should provide defective maintenance services. The Customer may notify the Licensor of any defective maintenance services not subject to the limitation of warranties and liability in writing, and the Licensor shall determine whether an error or defect is not subject to such limitations; if not so limited, the Licensor shall remediate the error or defect within reasonable time, provide replacement services, or instruct the Customer on reasonable options to avoid the impact, if any, of an error or defect; provided further that the Licensor may elect to refund the maintenance fee paid by Customer , which shall be the sole and exclusive remedy in the event that the Licensor’s other effort should fail or should appear futile to the Licensor; such refund being subject to the last sentence of 8. In the event that the Customer should intentionally or with gross negligence allege a non- verifiable defect or error, it shall reimburse the Licensor for the cost of the investigation in the alleged defect or error at reasonable commercial hourly rates.

DEFECTIVE MAINTENANCE. Subject to the terms of this Agreement governing warranties and limitation of liabilities, the following terms shall govern procedures and remedies in the event that the Licensor should provide defective maintenance services. The Customer may notify the Licensor of any defective maintenance services not subject to the limitation of warranties and liability in writing, and the Licensor shall determine whether an error or defect is not subject to such limitations; if not so limited, the Licensor shall remediate the error or defect within reasonable time, provide replacement services, or instruct the Customer on reasonable options to avoid the impact, if any, of an error or defect; provided further that the Licensor may elect to refund the maintenance fee paid by Customer , which shall be the sole and exclusive remedy in the event that the Licensor’s other effort should fail or should appear futile to the Licensor; such refund being subject to the last sentence of 8. In the event that the Customer should intentionally or with gross negligence allege a non- verifiable nonverifiable defect or error, it shall reimburse the Licensor for the cost of the investigation in the alleged defect or error at reasonable commercial hourly rates.