Common use of Limited Warranty and Limitation of Liability Clause in Contracts

Limited Warranty and Limitation of Liability. 5.1 Service Provider warrants that it shall perform the Services: (a) In accordance with the terms and subject to the conditions set forth in the applicable Statement of Work and this Agreement. (b) Using personnel of commercially reasonable skill, experience, and qualifications. (c) In a timely, workmanlike, and professional manner in accordance with generally recognized industry standards for similar services. 5.2 Service Provider's sole and exclusive liability and Customer's sole and exclusive remedy for breach of this warranty shall be as follows: (a) Service Provider shall use reasonable commercial efforts to promptly cure any such breach; provided, that if Service Provider cannot cure such breach within a reasonable time (but no more than 30 days) after Customer's written notice of such breach, Customer may, at its option, terminate the Agreement by serving written notice of termination in accordance with Section 8.2. (b) In the event the Agreement is terminated pursuant to Section (a) above, Service Provider shall within 30 days after the effective date of termination, refund to Customer any fees paid by the Customer as of the date of termination for any unrendered Services. (c) The foregoing remedy shall not be available unless Customer provides written notice of such breach within 30 days after acceptance of such Service by Customer. 5.3 SERVICE PROVIDER MAKES NO WARRANTIES EXCEPT FOR THAT PROVIDED IN SECTION 5.1, ABOVE. ALL OTHER WARRANTIES, EXPRESS AND/OR IMPLIED, ARE EXPRESSLY DISCLAIMED.

Limited Warranty and Limitation of Liability. 5.1 Service Provider warrants that it shall perform the Services: (a) In accordance with the terms and subject to the conditions set forth out in the applicable Statement of Work and this Agreement. qualifications. (b) Using personnel of commercially reasonable industry standard skill, experience, and qualifications.and (c) In a timely, workmanlike, and professional manner in accordance with generally recognized industry standards for similar services. 5.2 Service Provider's ’s sole and exclusive liability and Customer's ’s sole and exclusive remedy for breach of this warranty shall be as follows: (a) Service Provider shall use reasonable commercial efforts to promptly cure any such breach; provided, that if Service Provider cannot fails to cure such breach within a reasonable time thirty (but no more than 30 days30) after Customer's days following written notice of from Customer, or if a cure is not reasonably possible within such breachthirty (30) day period, if Service Provider fails to commence to cure within thirty (30) days following written notice from Customer and to continue such cure diligently to completion, Customer may, at its option, terminate the Agreement by serving upon written notice of termination in accordance with Section 8.2to Service Provider. (b) In the event the Agreement is terminated pursuant to Section (a) above, Service Provider shall within 30 days after the effective date of termination, refund to Customer any fees paid by the Customer as of the date of termination for any unrendered Services. (c) The foregoing remedy shall not be available unless Customer provides written notice of such breach within 30 thirty (30) days after acceptance delivery of such Service by or Deliverable to Customer. 5.3 SERVICE PROVIDER MAKES NO WARRANTIES EXCEPT FOR THAT PROVIDED IN SECTION 5.1, 5.1 ABOVE. ALL OTHER WARRANTIES, EXPRESS AND/OR AND IMPLIED, ARE EXPRESSLY DISCLAIMED.

Limited Warranty and Limitation of Liability. 5.1 5.1. The Service Provider warrants that it shall perform the Services: (a) In accordance with the terms and subject to the conditions set forth out in the applicable respective Statement of Work and this Agreement. (b) Using personnel of commercially reasonable required skill, experience, and qualifications. (c) In a timely, workmanlike, timely and professional manner in accordance with generally recognized recognised industry standards for similar services. 5.2 5.2. The Service Provider's sole and exclusive liability and Customer's the Client’s sole and exclusive remedy for breach of this warranty shall be as follows: (a) The Service Provider shall use reasonable commercial efforts to promptly cure any such breach; provided, that if the Service Provider cannot cure such breach within a reasonable time (but no more than 30 days) after Customer's the Client’s written notice of such breach, Customer the Client may, at its option, terminate the Agreement by serving written notice of termination in accordance with Section 8.2. (b) In the event the Agreement is terminated pursuant to Section (a5.2(a) above, the Service Provider shall within 30 days after the effective date of termination, refund to Customer the Client any fees paid by the Customer Client as of the date of termination for any unrendered Servicesthe Service or Deliverables (as defined in Section 6 below), less a deduction equal to the fees for receipt or use of such Deliverables or Service up to and including the date of termination on a pro-rated basis. (c) The foregoing remedy shall not be available unless Customer the Client provides written notice of such breach within 30 days after acceptance of such Service by Customeror Deliverable to the Client. 5.3 SERVICE PROVIDER MAKES NO WARRANTIES EXCEPT FOR THAT PROVIDED IN SECTION 5.3. The Service Provider makes no warranties except for that provided in Section 5.1, ABOVEabove. ALL OTHER WARRANTIESAll other warranties, EXPRESS AND/OR IMPLIEDexpress and implied, ARE EXPRESSLY DISCLAIMEDare expressly disclaimed.

Limited Warranty and Limitation of Liability. 5.1 Service Provider warrants that it shall perform the Services:Services:‌ (a) In accordance with the terms and subject to the conditions set forth out in the applicable respective Statement of Work and this Agreement. (b) Using personnel of commercially reasonable industry standard skill, experience, and qualifications. (c) In a timely, workmanlike, and professional manner in accordance with generally recognized industry standards for similar services. 5.2 Service Provider's sole and exclusive liability and Customer's sole and exclusive remedy for breach of this warranty shall be as follows:follows:‌ (a) Service Provider shall use reasonable commercial efforts to promptly cure any such breach; provided, that if Service Provider cannot cure such breach within a reasonable time (but no more than 30 thirty (30) days) after Customer's written notice of such breach, Customer may, at its option, terminate the Agreement by serving written notice of termination in accordance with Section 8.210.2. (b) In the event the Agreement is terminated pursuant to Section (a) 5.2 above, Service Provider shall within 30 thirty (30) days after the effective date of termination, refund to Customer any fees paid by the Customer as of the date of termination for any unrendered Servicesthe Services , less a deduction equal to the fees for receipt or use of such Services up to and including the date of termination on a pro-rated basis. (c) The foregoing remedy shall not be available unless Customer provides written notice of such breach within 30 ten (10) days after acceptance of such Service by Services to Customer. 5.3 SERVICE PROVIDER MAKES NO WARRANTIES EXCEPT FOR THAT PROVIDED IN SECTION 5.1, ABOVE. ALL OTHER WARRANTIES, EXPRESS AND/OR AND IMPLIED, ARE EXPRESSLY DISCLAIMED.

Limited Warranty and Limitation of Liability. 5.1 Service Provider warrants that it shall perform the Services: (a) In accordance with the terms and subject to the conditions set forth out in the applicable Statement of Work and this Agreement. (b) Using personnel of commercially reasonable industry standard skill, experience, and qualifications. (c) In a timely, workmanlike, and professional manner in accordance with generally recognized industry standards for similar services. 5.2 Service Provider's ’s sole and exclusive liability and Customer's ’s sole and exclusive remedy for breach of this warranty shall be as follows: (a) Service Provider shall use reasonable commercial efforts to promptly cure any such breach; provided, that if Service Provider cannot fails to cure such breach within a reasonable time thirty (but no more than 30 days30) after Customer's days following written notice of from Customer, or if a cure is not reasonably possible within such breachthirty (30) day period, if Service Provider fails to commence to cure within thirty (30) days following written notice from Customer and to continue such cure diligently to completion, Customer may, at its option, terminate the Agreement by serving upon written notice of termination in accordance with Section 8.2to Service Provider. (b) In the event the Agreement is terminated pursuant to Section (a) above, Service Provider shall within 30 days after the effective date of termination, refund to Customer any fees paid by the Customer as of the date of termination for any unrendered Services. (c) The foregoing remedy shall not be available unless Customer provides written notice of such breach within 30 thirty (30) days after acceptance delivery of such Service by or Deliverable to Customer. 5.3 SERVICE PROVIDER MAKES NO WARRANTIES EXCEPT FOR THAT PROVIDED IN SECTION 5.1, 5.1 ABOVE. ALL OTHER WARRANTIES, EXPRESS AND/OR AND IMPLIED, ARE EXPRESSLY DISCLAIMED.

Limited Warranty and Limitation of Liability. 5.1 Service Provider warrants that it shall perform the Services: (a) In accordance with the terms and subject to the conditions set forth out in the applicable respective Statement of Work and this Agreement. (b) Using personnel of commercially reasonable skill, experience, experience and qualifications. (c) In a timely, workmanlike, and professional manner in accordance with generally recognized industry standards for similar services. 5.2 Service Provider's sole and exclusive liability and Customer's sole and exclusive remedy for breach of this warranty shall be as follows: (a) Service Provider shall use reasonable commercial efforts to promptly cure any such breach; provided, that if Service Provider cannot cure such breach within a reasonable time (but no more than 30 thirty days) after Customer's written notice of such breach, Customer may, at its option, terminate the Agreement by serving written notice of termination in accordance with Section 8.2this Agreement. (b) In the event the Agreement is terminated pursuant to Section (a5.2(a) above, Service Provider shall within 30 days after the effective date of termination, refund to Customer any fees paid by the Customer as of the date of termination for any unrendered Servicesthe Service or Deliverables, less a deduction equal to the fees for receipt or use of such Deliverables or Service up to and including the date of termination on a pro-rated basis. (c) The foregoing remedy shall not be available unless Customer provides written notice of such breach within 30 days after acceptance of receiving such Service or Deliverable by Customer. 5.3 SERVICE PROVIDER MAKES NO WARRANTIES EXCEPT FOR THAT PROVIDED IN SECTION 5.1, ABOVE. ALL OTHER WARRANTIES, EXPRESS AND/OR AND IMPLIED, ARE EXPRESSLY DISCLAIMED.