Failure to Scale Sample Clauses

Failure to Scale. Provided that the cluster size is as specified in Exhibit A 3, Licensor certifies that the Software will conform and perform in all material respects with the Documentation as well as process peak throughput as described in Exhibit A 3, Item 2 and 3 due l2/31/01 (Scale Throughput"). In the event the Software does not conform and perform to the Scale Throughput by December 31, 2001, then Licensor acknowledges and agrees that Commerce One may publish a statement which accurately reflects failure of the Software to scale. THE PROVISIONS OF THIS SECTION STATE THE SOLE, EXCLUSIVE AND ENTIRE REMEDY OF COMMERCE ONE, WITH RESPECT TO ANY CLAIM FOR FAILURE TO SCALE.