Obligation To Reperform Sample Clauses

Obligation To Reperform. In the event of any breach of this Services Agreement by any Service Provider with respect to any error, defect or breach (which breach Service Provider can reasonably be expected to reperform in a commercially reasonable manner) in the provision of any Service, the Service Provider shall promptly correct in all material respects such error, defect or breach or reperform in all material respects such Service, subject to Section 6.02, at the request of the recipient of such Service and at the expense of the Service Provider and shall promptly reimburse the recipient for all costs, losses or expenses attributable to such breach. The remedy set forth in this Section 6.03 shall be the only remedy of the recipient of such Service for any such breach. To be effective, any such request by ElderCare or NeighborCare, as applicable, of such Service must be in writing that specifies in reasonable detail the particular error, defect or breach and be made no more than 60 days from the date such Service was provided.

Obligation To Reperform. In the event of any breach of this Agreement by any Service Provider with respect to any error, defect or breach (which breach Service Provider can reasonably be expected to reperform in a commercially reasonable manner) in the provision of any Service, the Service Provider shall promptly correct in all material respects such error, defect or breach or reperform in all material respects such Service at the request of the Company and at the expense of the Service Provider. To be effective, any such request for performance by the Company must be in writing that specifies in reasonable detail the particular error, defect or breach and be made no more than one month from the date such Service was provided.

Obligation To Reperform. In the event of any breach of this Agreement by any Service Provider with respect to any error or defect in the provision of any Service, Company shall, or shall cause such other Service Provider to, correct in all material respects such error or defect or reperform in all material respects such Service at the request of Contributor and at the expense of Company.

Obligation To Reperform. In the event of any breach of this Services Agreement by PRIMEDIA with respect to any error or defect in the provision of any Service, PRIMEDIA shall, at WRC's request, correct such error or defect or reperform such Services at the expense of PRIMEDIA.

Obligation To Reperform. In the event that Cray becomes aware of any material breach of this Agreement by NEC or HNSX with respect to any error or defect in the provision of any Service, and Cray notifies NEC and HNSX of said breach, NEC or HNSX (as applicable) shall promptly make commercially reasonable efforts to correct such error or defect.

Obligation To Reperform. In the event of any breach of this Agreement by Seller as a result of any error or defect in the provision of any Service, Seller shall use its reasonable efforts to correct such error or defect or reperform such Service at Seller's expense, and such correction or reperformance shall be Buyer's sole remedy for such breach, unless such breach is the direct result of gross negligence or willful misconduct by Seller or Seller is not able to correct the error or defect or reperform the Service. If such a breach by Seller takes place and Seller is not able to correct the error or defect or reperform the Service within a reasonable amount of time after Buyer notifies Seller of such breach or Seller becomes aware of such breach, Seller shall reimburse Buyer for its reasonable out-of-pocket expenses needed to obtain correction of the error or defect or reperformance of the Service from a third party, which reimbursement shall be made within thirty (30) days after receipt from Buyer of reasonably sufficient supporting documentation of such expenses; provided, that Seller's liability for reimbursement of Buyer's out-of-pocket expenses for any such correction or reperformance shall not exceed the fees due and owing for the applicable Service over the immediately preceding three full calendar months and paid to Seller and shall in any event remain subject to Section 6.2. If (i) such a breach by Seller is the direct result of its gross negligence or willful misconduct, or (ii) Seller breaches this Agreement in a manner other than that described in the first sentence of this Section 6.1, then, subject to Section 6.2, in each case, the liability of Seller with respect to this Agreement or anything done in connection with this Agreement (including the performance or breach of this Agreement) or with respect to the provision or use of any Service provided under this Agreement, whether in contract, tort or otherwise, shall not exceed the fees (excluding third-party expenses) actually previously paid to Seller by Buyer in respect of the Service from which any such liability arises. The basket in Section 8.2(g)(i) of the Asset Purchase Agreement shall not apply to claims hereunder, but the limitation in Section 8.2(g)(ii) of the Asset Purchase Agreement shall apply to claims made hereunder and payments made by Seller for breaches hereunder pursuant to Section 8.2 of the Asset Purchase Agreement shall count towards the aggregate cap in Section 8.2(g)(ii) of the Asset Purchase ...

Obligation To Reperform. In the event of any breach of this Services Agreement by any Service Provider with respect to any error, defect or breach (which breach Service Provider can reasonably be expected to reperform in a commercially reasonable manner) in the provision of any Service, the Service Provider shall correct in all material respects such error, defect or breach or reperform in all material respects such Service at the request of the recipient of such Service and at the expense of the Service Provider. The remedy set forth in this Section 6.03 shall be the only remedy of the recipient of such Service for any such breach. To be effective, any such request by the recipient of such Service must (i) specify in reasonable detail the particular error, defect or breach, (ii) be made no more than one year from the date such Service was provided and (iii) in the case of a Seller Service be made no less than 30 days prior to the date Seller and the other Seller Service Providers cease to provide such Seller Service to Seller's similarly situated Subsidiaries, divisions and business units.

Obligation To Reperform. In the event of any material breach of this Agreement by the Company with respect to any error or defect in the provision of any service under any Service Contract, the Contractor shall promptly notify the Company of said breach, and the Company shall, at the Contractor's reasonable request, promptly make all reasonable efforts to correct such error or defect.

Obligation To Reperform. In the event of any material breach of this Services Agreement by the Service Provider with respect to any error or defect in the provision of any Service, the other Party shall promptly notify the Service Provider of said breach, and the Service Provider shall, at the other Party's reasonable request, promptly make all reasonable efforts to correct such error or defect.

Obligation To Reperform. In the event of any breach of this Agreement by any Service Provider with respect to any error, defect or breach (which breach Service Provider can reasonably be expected to reperform in a commercially reasonable manner) in the provision of any Service, the Service Provider shall, and NantWorks shall cause the Service Provider to, promptly correct such error, defect or breach or reperform such Service at the request of the Company to the reasonable satisfaction of the Company and at the expense of the Service Provider. To be effective, any such request for performance by the Company must be in writing that specifies in reasonable detail the particular error, defect or breach and be made no more than one month from the later of the date such Service was provided or the date the Company became aware of the error, defect or breach in question.