Effect of Breach of Warranty. If, at any time during the term of this Contract, software or the results of Contractor’s work fail to perform according to any warranty of Contractor under this Contract, the State shall promptly notify Contractor in writing of such alleged nonconformance, and Contractor shall, at its own expense and without limiting any other rights or remedies of the State hereunder, re-perform or replace any services that the State has determined to be unsatisfactory in its reasonable discretion. Alternatively, with State consent, the Contractor may refund of all amounts paid by State for the nonconforming deliverable or service
Effect of Breach of Warranty. If, at any time during the term of this Contract, software or the results of Contractor’s work fail to perform according to any warranty of Contractor under this Contract, the State shall promptly notify Contractor in writing of such alleged nonconformance, and Contractor shall provide at no additional cost of any kind to the State, the maintenance required.
Effect of Breach of Warranty. If, at any time during the term of this Agreement or any Participating Addendum, Contractor breaches any warranty under this Section 22, the JBE shall promptly notify Contractor in writing of such alleged breach of warranty, and shall include if applicable the information required pursuant to Exhibit 10 (Maintenance and Support). If the breach relates to the Licensed Software Warranty or Virus Protection Warranty, then Contractor shall correct any such deficiency in the Licensed Software or the Hosted Services in accordance with the Service Level criteria set forth in Exhibit 10 (Maintenance and Support). If the breach relates to Section 22.B.5 (Warranty of Law), then Contractor shall promptly correct the identified deficiency. If the breach relates to Section 22.B.6 (Warranty of Title), then Contractor shall promptly either: (a) procure for the JBE the right to continue use of the Licensed Software at no additional charge to the JBE, (b) modify such Licensed Software to avoid the claimed infringement (provided that such modification does not adversely affect the JBE’s intended use of the Licensed Software) at no additional charge to the JBE, or (c) replace said Licensed Software with an equally suitable, compatible and functionally equivalent non-infringing software, including installation and configuration as required, at no additional charge to the JBE. If none of the foregoing options is practicable, then the JBE may terminate this Agreement or applicable Participating Addendum as hereinafter provided in this section. If the breach relates to Section 22.B.7 (Support Services Warranty), then Contractor shall promptly re-perform the nonconforming Support Services, until such time as the nonconformance is corrected or the parties otherwise agree in writing. If after reasonable efforts Contractor is unable to correct any such breach of warranty as described in this section, and the resulting non-performance or deficiency materially affects the ability of the JBE to utilize the Licensed Software, then the JBE may terminate this Agreement in accordance with Section 26.A (Termination for Cause), subject to the transition provisions of Exhibit 12 (Transition Services), in which event the JBE shall have all remedies available at law or equity.
Effect of Breach of Warranty. If, at any time during the term of this Contract, software or the results of Contractor’s work fail to perform according to any warranty of Contractor under this Contract, the
Effect of Breach of Warranty. If, at any time during the term of this Agreement or any Participating Addendum, Contractor breaches any warranty under this Section 18, the JBE shall promptly notify Contractor in writing of such alleged breach of warranty. If the breach relates to Section 18.B.3 (Warranty of Law), then Contractor shall promptly correct the identified deficiency. If the breach relates to Section
Effect of Breach of Warranty. If the software or the results of Contractor’s work fail to perform according to the warranty of Contractor as specified under Section 15 of the Master Agreement , the Purchasing Entity shall promptly notify Contractor in writing of such alleged nonconformance, and Contractor shall, at its own expense and without limiting any other rights or remedies of the Purchasing Entity hereunder, re-perform or replace any services that the Purchasing Entity has determined to be unsatisfactory in its reasonable discretion. Alternatively, with Purchasing Entity consent, the Contractor may refund of all amounts paid by Purchasing Entity for the nonconforming deliverable or service
Effect of Breach of Warranty. If, at any time during the term of this Agreement, the Contractor fails to perform according to any warranty under this Section, the AOC shall promptly notify the Contractor in writing of such alleged nonconformance, and the Contractor shall correct any deficiencies in Services provided, or repair or replace all errors and malfunctions in any Deliverable, at no additional charge to the AOC, so long as the errors or malfunctions are not necessitated by an unauthorized act of the AOC or any third party acting on behalf of the AOC. The rights and remedies of the AOC provided in this clause will not be exclusive and are in addition to any other rights and remedies provided by law or under this Agreement.
Effect of Breach of Warranty. If, at any time during the term of this Contract, Contractor’s services fail to perform according to the services warranty under Section 7.2(i) above, the State shall promptly (within at least 60 days of completion of the applicable services) notify Contractor in writing of such alleged nonconformance, and Contractor shall, at its own expense and without limiting any other rights or remedies of the State hereunder, re-perform or replace such nonconforming services, and if Contractor is not able to remedy the nonconformance, the Contractor may refund of all amounts paid by State for the nonconforming service.
Effect of Breach of Warranty. The Lender and the Company acknowledge and agree that the warranties contained in clause 10.5 are intended solely for the purposes of this clause 10, and that, accordingly, notwithstanding anything to the contrary in this agreement, any breach of such warranty shall not constitute a default, an Event of Default or a Potential Event of Default under this agreement or any other of the Transaction Documents and shall not otherwise have any consequences for the purposes of this agreement and the other Transaction Documents, except as expressly provided in clauses 10.6 and 10.
