Common use of Licensee’s Remedies Clause in Contracts

Licensee’s Remedies. a. Licensee's exclusive remedies, and Xxxx’s exclusive obligations, for a breach by Spōk of the Software Warranty or Hardware Warranty are as follows: (i) Spōk will provide Support (if purchased by Licensee) to repair, replace or furnish an upgrade of the non-conforming Products to enable those Products to comply with the applicable Software Warranty or Hardware Warranty; and (ii) if Spōk does not comply with Section 9.1(a)(i) within the applicable Cure Period, Licensee may terminate Support and Spōk will refund the fees paid by Licensee to Spōk for the non-conforming Products, subject to the limitations in Section 16. b. Licensee’s exclusive remedies for breach of Spōk’s Service obligations are as follows: (i) Spōk will re-perform or re-deliver those Services at no additional charge within the Cure Period; and (ii) if Spōk does not complete that re-performance within the applicable Cure Period, Licensee may terminate the Services and Spōk will refund the fees paid by Licensee to Spōk for those Services not re-performed and timely cured, subject to the limitations in Section 16.

Licensee’s Remedies. a. Licensee's exclusive remedies, and XxxxSpōk’s exclusive obligations, for a breach by Spōk of the Software Warranty or Hardware Warranty are as follows: (i) Spōk will provide Support (if purchased by Licensee) to repair, replace or furnish an upgrade of the non-conforming non‐conforming Products to enable those Products to comply with the applicable Software Warranty or Hardware Warranty; and (ii) if Spōk does not comply with Section 9.1(a)(i) within the applicable Cure Period, Licensee may terminate Support and Spōk will refund the fees paid by Licensee to Spōk for the non-conforming non‐conforming Products, subject to the limitations in Section 16. b. Licensee’s exclusive remedies for breach of Spōk’s Service obligations are as follows: (i) Spōk will re-perform re‐perform or re-deliver re‐deliver those Services at no additional charge within the Cure Period; and (ii) if Spōk does not complete that re-performance re‐performance within the applicable Cure Period, Licensee may terminate the Services and Spōk will refund the fees paid by Licensee to Spōk for those Services not re-performed re‐performed and timely cured, subject to the limitations in Section 16.

Licensee’s Remedies. a. Licensee's exclusive remedies, and XxxxSpok’s exclusive obligations, for a breach by Spōk Spok of the Software Warranty, Hardware Warranty or Hardware Support Warranty are as follows: (i) Spōk Spok will provide Support (if purchased by Licensee) to repair, replace or furnish an upgrade of the non-conforming Products to enable those Products to comply with the applicable Software Warranty or Hardware Warranty; and (ii) if Spōk does Spok cannot comply with Section 9.1(a)(i) within the applicable Cure Periodcure period, Licensee may terminate Support this Agreement and Spōk Spok will refund the fees paid by Licensee to Spōk Spok for the non-conforming Products, subject to the limitations in Section 16. b. Licensee’s exclusive remedies for breach of Spōkthe Services Warranty or Spok’s Service obligations are as follows: (i) Spōk Spok will re-perform or re-deliver those Services at no additional charge within the Cure Periodcure period; and (ii) if Spōk does Spok cannot complete that re-performance within the applicable Cure Period, Licensee may terminate the Services and Spōk Spok will refund the fees paid by Licensee to Spōk Spok for those Services not re-performed and timely cured, subject to the limitations in Section 16.