Common use of Obligation to Re-Perform; Liabilities Clause in Contracts

Obligation to Re-Perform; Liabilities. In the event of any breach of this Agreement by Service Provider with respect to the provision of any Services (with respect to which Service Provider can reasonably be expected to re-perform in a commercially reasonable manner), Service Provider shall, at the request of Service Recipient, promptly correct in all material respects such error, defect or breach or re-perform in all material respects such Services at the sole cost and expense of Service Provider. The remedy set forth in this Section 7.02 shall be the sole and exclusive remedy of Service Recipient for any such breach of this Agreement; provided, however, that the foregoing shall not prohibit Service Recipient from exercising its right to terminate this Agreement in accordance with the provisions of Section 5.03(a)(ii) or seeking specific performance in accordance with Section 8.16. Any request for re-performance in accordance with this Section 7.02 by Service Recipient must be in writing and specify in reasonable detail the particular error, defect or breach, and such request must be made no more than one month from the later of (x) the date on which such breach occurred and (y) the date on which such breach was reasonably discovered by Service Recipient.

Obligation to Re-Perform; Liabilities. In the event of any breach of this Agreement by Service the Provider with respect to the provision of any Services (with respect to which Service the Provider can reasonably be expected to re-perform in a commercially reasonable manner), Service the Provider shall, at the request of Service Recipient, shall (a) promptly correct in all material respects such error, defect or breach or re-perform in all material respects such Services at the request of the Recipient and at the sole cost and expense of Service the Provider and (b) subject to the limitations set forth in Section 7.01, reimburse the Recipient and its Subsidiaries and Representatives for Liabilities attributable to such breach by the Provider. The remedy set forth in this Section 7.02 shall be the sole and exclusive remedy of Service the Recipient for any such breach of this Agreement; provided, however, that the foregoing shall not prohibit Service the Recipient from exercising its right to terminate this Agreement in accordance with the provisions of Section 5.03(a)(ii) or seeking specific performance in accordance with Section 8.165.02(a)(ii). Any request for re-performance in accordance with this Section 7.02 by Service the Recipient must be in writing and specify in reasonable detail the particular error, defect or breach, and such request must be made no more than one month from the later of (x) the date on which such breach occurred and (y) the date on which such breach was reasonably discovered by Service the Recipient.

Obligation to Re-Perform; Liabilities. In the event of any breach of this Agreement by Service the Provider with respect to the provision of any Services (with respect to which Service the Provider can reasonably be expected to re-perform in a commercially reasonable manner), Service the Provider shall, at the request of Service Recipient, promptly correct in all material respects such error, defect or breach or re-perform in all material respects such Services at the sole cost and expense of Service the Provider. The remedy set forth in this Section 7.02 shall be the sole and exclusive remedy of Service the Recipient for any such breach of this Agreement; provided, however, that the foregoing shall not prohibit Service the Recipient from exercising its right to terminate this Agreement in accordance with the provisions of Section 5.03(a)(ii5.02(a)(ii) or or, if applicable, seeking specific performance in accordance with Section 8.169.17. Any request for re-performance in accordance with this Section 7.02 by Service the Recipient must be in writing and specify in reasonable detail the particular error, defect or breach, and such request must be made no more than one month from the later of (x) the date on which such breach occurred and (y) the date on which such breach was reasonably discovered by Service the Recipient.

Obligation to Re-Perform; Liabilities. In the event of any breach of this Agreement by Service the Provider with respect to the provision of any Services (with respect to which Service the Provider can reasonably be expected to re-perform in a commercially reasonable manner), Service the Provider shall, at the request of Service Recipient, shall (a) promptly correct in all material respects such error, defect or breach or re-perform in all material respects such Services at the request of the Recipient and at the sole cost and expense of Service the Provider and (b) subject to the limitations set forth in Section 7.01, reimburse the Recipient and its Subsidiaries and Representatives for Liabilities attributable to such breach by the Provider. The remedy set forth in this Section 7.02 shall be the sole and exclusive remedy of Service the Recipient for any such breach of this Agreement; provided, however, that the foregoing shall not prohibit Service the Recipient from exercising its right to terminate this Agreement in accordance with the provisions of Section 5.03(a)(ii5.02(a)(ii) or seeking specific performance in accordance with Section 8.168.17. Any request for re-performance in accordance with this Section 7.02 by Service the Recipient must be in writing and specify in reasonable detail the particular error, defect or breach, and such request must be made no more than one month from the later of (x) the date on which such breach occurred and (y) the date on which such breach was reasonably discovered by Service the Recipient.

Obligation to Re-Perform; Liabilities. In the event of any breach of this Agreement by Service the Provider with respect to the provision of any Services (with respect to which Service the Provider can reasonably be expected to re-perform in a commercially reasonable manner), Service the Provider shall, at the request of Service Recipient, shall (a) promptly correct in all material respects such error, defect or breach or re-perform in all material respects such Services at the request of the Recipient and at the sole cost and expense of Service the Provider and (b) subject to the limitations set forth in Section 7.01, reimburse the Recipient and its Subsidiaries and Representatives for Liabilities attributable to such breach by the Provider. The remedy set forth in this Section 7.02 shall be the sole and exclusive remedy of Service the Recipient for any such breach of this Agreement; provided, however, that the foregoing shall not prohibit Service the Recipient from exercising its right to terminate this Agreement in accordance with the provisions of Section 5.03(a)(ii5.02(a)(ii) or, if applicable, seeking replacement services and reimbursement in accordance with the provisions of Section 2.02(d) or seeking specific performance in accordance with Section 8.169.17. Any request for re-performance in accordance with this Section 7.02 by Service the Recipient must be in writing and specify in reasonable detail the particular error, defect or breach, and such request must be made no more than one month from the later of (x) the date on which such breach occurred and (y) the date on which such breach was reasonably discovered by Service the Recipient.

Obligation to Re-Perform; Liabilities. In the event of any breach of this Agreement by Service any Provider with respect to the provision of any Services (with respect to which Service the Provider can reasonably be expected to re-perform in a commercially reasonable manner), Service the Provider shall, at the request of Service Recipient, shall promptly correct in all material respects such error, defect or breach or promptly re-perform in all material respects such Services at the request of the Recipient and at the sole cost and expense of Service the Provider. The remedy set forth in this Section 7.02 6.3 shall be the sole and exclusive remedy of Service the Recipient for any such breach of this Agreement; provided, however, that that, with respect to any such breach, if Provider fails to so correct such error, defect or breach in re-performing such Services for the foregoing shall not prohibit Service Recipient from exercising its right first time, such remedy shall, subject to terminate this Agreement in accordance with the remaining provisions of Section 5.03(a)(ii) or seeking specific performance in accordance with Section 8.16this Article VI, cease to be Recipient’s sole and exclusive remedy for such breach. Any request for re-performance in accordance with this Section 7.02 6.3 by Service the Recipient must be in writing and specify in reasonable detail the particular error, defect or breach, and such request must be made no more than one month from the later of (x) as soon as reasonably practicable, the date on which such error, defect, or breach occurred and (y) becomes apparent or should have reasonably become apparent to the date on which such breach was reasonably discovered by Service Recipient.

Obligation to Re-Perform; Liabilities. In the event of any breach of this Agreement by Service Provider with respect to the provision of any Services (with respect to which Service Provider can reasonably be expected to re-perform in a commercially reasonable manner), Service Provider shall, at the request of Service Recipient, promptly correct in all material respects such error, defect or breach or re-perform in all material respects such Services at the sole cost and expense of Service Provider. The Notwithstanding anything herein to the contrary, the remedy set forth in this Section 7.02 8.02 shall be the sole and exclusive remedy of Service Recipient for any such breach of this Agreement; provided, however, that the foregoing shall not prohibit Service Recipient from exercising its right to terminate this Agreement in accordance with the provisions of Section 5.03(a)(ii6.02(a) or seeking to seek specific performance in accordance with Section 8.169.16. Any request for re-performance in accordance with this Section 7.02 8.02 by Service Recipient must be in writing and specify in reasonable detail the particular error, defect or breach, and such request must be made no more than one month from the later of (xa) the date on which such breach occurred and (yb) the date on which such breach was reasonably discovered by Service Recipient.

Obligation to Re-Perform; Liabilities. In the event of any breach of this Agreement by Service Provider with respect to the provision of any Services (with respect to which Service Provider can reasonably be expected to re-perform in a commercially reasonable manner), Service Provider shall, at the request of Service Recipient, promptly correct in all material respects such error, defect or breach or re-perform in all material respects such Services at the sole cost and expense of Service Provider. The remedy set forth in this Section 7.02 8.02 shall be the sole and exclusive remedy of Service Recipient for any such breach of this AgreementAgreement with respect to the provision of such Services; provided, however, that the foregoing shall not prohibit Service Recipient from exercising its right to terminate this Agreement in accordance with the provisions of Section 5.03(a)(ii5.02(a)(ii) or seeking to seek specific performance in accordance with Section 8.169.16 or to seek and obtain indemnification under Section 8.04. Any request for re-performance in accordance with this Section 7.02 8.02 by Service Recipient must be in writing and specify in reasonable detail the particular error, defect or breach, and such request must be made no more than one month thirty (30) days from the later of (xa) the date on which such breach occurred and (yb) the date on which such breach was reasonably discovered by Service Recipient.

Obligation to Re-Perform; Liabilities. In the event of any breach of this Agreement by Service Provider with respect to the provision of any Services (with respect to which Service Provider can reasonably be expected to re-perform in a commercially reasonable manner), Service Provider shall, at the request of Service Recipient, promptly correct in all material respects such error, defect or breach or re-perform in all material respects such Services at the sole cost and expense of Service Provider. The remedy set forth in this Section 7.02 6.02 shall be the sole and exclusive remedy of Service Recipient for any such breach of this Agreement; provided, however, that the foregoing shall not prohibit Service Recipient from exercising its right to terminate this Agreement in accordance with the provisions of Section 5.03(a)(ii4.02(a)(ii) or seeking to seek specific performance in accordance with Section 8.167.17. Any request for re-performance in accordance with this Section 7.02 6.02 by Service Recipient must be in writing and specify in reasonable detail the particular error, defect or breach, and such request must be made no more than one month from the later of (xa) the date on which such breach occurred and (yb) the date on which such breach was reasonably discovered by Service Recipient.

Obligation to Re-Perform; Liabilities. In the event of any material breach of this Agreement by Service the Provider with respect to the provision of any Services (with respect to which Service that the Provider can reasonably be expected to re-perform in a commercially reasonable manner), Service the Provider shall, at the request of Service Recipient, shall promptly correct in all material respects such error, defect or breach or re-perform in all material respects such Services at the request of the Recipient and at the sole cost and expense of Service the Provider. The remedy set forth in this Section 7.02 shall be the sole and exclusive remedy of Service the Recipient for any such breach of this Agreement; provided, however, that the foregoing shall not prohibit Service the Recipient from exercising its right to terminate this Agreement in accordance with the provisions of Section 5.03(a)(ii) or or, if applicable, seeking specific performance in accordance with indemnification under Section 8.167.04. Any request for re-performance in accordance with this Section 7.02 by Service the Recipient must be in writing and specify in reasonable detail the particular error, defect or breach, and such request must be made no more than one month three months from the later of (x) the date on which such breach occurred and (y) the date on which such breach was reasonably discovered by Service Recipientthe Recipient (or should have been discovered by the Recipient acting reasonably).

Obligation to Re-Perform; Liabilities. In the event of any breach of this Agreement by Service Provider with respect to the provision of any Services (with respect to which Service Provider can reasonably be expected to re-perform in a commercially reasonable manner), Service Provider shall, at the request of Service Recipient, promptly correct in all material respects such error, defect or breach or re-perform in all material respects such Services at the sole cost and expense of Service Provider. With respect to Services which cannot be re-performed in a commercially reasonably manner by Provider, Provider shall reimburse Recipient for the reasonable costs of procuring a Third Party to perform such services in accordance with the same scope and quality expected of Provider and as set forth in the Schedules. The remedy remedies set forth in this Section 7.02 6.02 shall be the sole and exclusive remedy of Service Recipient for any such breach of this Agreementfailure to provide the Services; provided, however, provided that the foregoing shall not prohibit Service Recipient from exercising its right to terminate this Agreement in accordance with the provisions of Section 5.03(a)(ii4.02(a)(ii) or seeking to seek specific performance in accordance with Section 8.167.16. Any request for re-performance in accordance with this Section 7.02 6.02 by Service Recipient must be in writing and specify in reasonable detail the particular error, defect or breach, and such request must be made no more than one month from the later of (xa) the date on which such breach occurred and (yb) the date on which such breach was reasonably discovered by Service Recipient.

Obligation to Re-Perform; Liabilities. In the event of any breach of this Agreement by Service Provider with respect to the provision of any Services (with respect to which Service Provider can reasonably be expected to re-perform in a commercially reasonable manner), Service Provider shall, at the request of Service Recipient, promptly correct in all material respects such error, defect or breach or re-perform in all material respects such Services at the sole cost and expense of Service Provider. The remedy set forth in this Section 7.02 shall be the sole and exclusive remedy of Service Recipient for any such breach of this Agreement; provided, however, that the foregoing shall not prohibit Service Recipient from exercising its right to terminate this Agreement in accordance with the provisions of Section 5.03(a)(ii5.02(a)(ii) or seeking specific performance in accordance with Section 8.168.17. Any request for re-performance in accordance with this Section 7.02 by Service Recipient must be in writing and specify in reasonable detail the particular error, defect or breach, and such request must be made no more than one month from the later of (x) the date on which such breach occurred and (y) the date on which such breach was reasonably discovered by Service Recipient.

Obligation to Re-Perform; Liabilities. In the event of any breach of this Agreement by Service Provider with respect to the provision of any Services (with respect to which Service Provider can reasonably be expected to re-perform in a commercially reasonable manner), Service Provider shall, at the request of Service Recipient, promptly correct in all material respects such error, defect or breach or re-perform in all material respects such Services at the sole cost and expense of Service Provider. The Notwithstanding anything herein to the contrary, the remedy set forth in this Section 7.02 shall be the sole and exclusive remedy of Service Recipient for any such breach of this Agreement; provided, however, that the foregoing shall not prohibit Service Recipient from exercising its right to terminate this Agreement in accordance with the provisions of Section 5.03(a)(ii5.02(a) or seeking to seek specific performance in accordance with Section 8.168.17. Any request for re-performance in accordance with this Section 7.02 by Service Recipient must be in writing and specify in reasonable detail the particular error, defect or breach, and such request must be made no more than one month from the later of (xa) the date on which such breach occurred and (yb) the date on which such breach was reasonably discovered by Service Recipient.