Common use of Other rights of Customer Clause in Contracts

Other rights of Customer. Should subsequent performance be impossible, OT shall withdraw the relevant functional block and shall repay Customer the compensation paid by Customer, less reasonable compensation for use that has already occurred. Should fault be attributable to OT, Customer may demand compensatory damages instead of performance or reimbursement of fruitless expenses. Customer shall be obliged to minimize damage. In this respect, it shall: - inform OT in good time and in writing of any claim asserted - not of its own volition acknowledge any claim - authorize OT to conduct and settle litigation at its own expense, in which respect, Customer shall provide OT with any necessary and reasonable support. Should Customer itself modify the Work Product or arrange to have the Work Product modified by third parties, any claims based on defects in title shall lapse, unless Customer proves that the defects in title that occurred are not attributable to such modification and that the error analysis and rectification by OT will not be affected thereby.

Appears in 2 contracts

Samples: Professional Services Agreement, Professional Services Agreement

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Other rights of Customer. Should subsequent performance be impossible, OT shall withdraw the relevant functional block and shall repay Customer the compensation paid by Customer, less reasonable compensation for use that has already occurred. Should fault be attributable to OT, Customer may demand compensatory damages instead of performance or reimbursement of fruitless expenses. Customer shall be obliged to minimize damage. In this respect, it shall: - inform OT XX in good time and in writing of any claim asserted - not of its own volition acknowledge any claim - authorize OT to conduct and settle litigation at its own expense, in which respect, Customer shall provide OT with any necessary and reasonable support. Should Customer itself modify the Work Product or arrange to have the Work Product modified by third parties, any claims based on defects in title shall lapse, unless Customer proves that the defects in title that occurred are not attributable to such modification and that the error analysis and rectification by OT will not be affected thereby.

Appears in 1 contract

Samples: Open Text Professional Services Agreement

Other rights of Customer. Should subsequent performance be impossible, OT shall withdraw the relevant functional block and shall repay Customer the compensation paid by Customer, less reasonable compensation for use that has already occurred. Should fault be attributable to OT, Customer may demand compensatory damages instead of performance or reimbursement of fruitless expenses. Customer shall be obliged to minimize damage. In this respect, it shall: - inform OT XX in good time and in writing of any claim asserted - not of its own volition acknowledge any claim - authorize OT to conduct and settle litigation at its own expense, in which respect, Customer shall provide OT with any necessary and reasonable support. Should Customer itself modify the Work Product or arrange to have the Work Product modified by third parties, any claims based on defects in title shall lapse, unless Customer proves that the defects in title that occurred are not attributable to such modification and that the error analysis and rectification by OT will not be affected thereby.

Appears in 1 contract

Samples: Professional Services Agreement

Other rights of Customer. Should subsequent performance be impossible, OT shall withdraw the relevant functional block and shall repay Customer the compensation paid by Customer, less reasonable compensation for use that has already occurred. Should fault be attributable to OT, Customer may demand compensatory damages instead of performance or reimbursement of fruitless expenses. Customer shall be obliged to minimize damage. In this respect, it shall: - inform OT in good time and in writing of any claim asserted - not of its own volition acknowledge any claim - authorize OT to conduct and settle litigation at its own expense, in which respect, Customer shall provide OT with any necessary and reasonable support. Should Customer itself modify the Work Product or arrange to have the Work Product modified by third parties, any claims based on defects in title shall lapse, unless Customer proves that the defects in title that occurred are not attributable to such modification and that the error analysis and rectification by OT will not be affected thereby.

Appears in 1 contract

Samples: Professional Services Agreement

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Other rights of Customer. Should subsequent performance be impossible, OT shall withdraw the relevant functional block and shall repay Customer the compensation paid by Customer, less reasonable compensation for use that has already occurred. Should fault be attributable to OT, Customer may demand compensatory damages instead of performance or reimbursement of fruitless expenses. Customer shall be obliged to minimize damage. In this respect, it shall: - inform OT in good time and in writing of any claim asserted - not of its own volition acknowledge any claim - authorize OT to conduct and settle litigation at its own expense, in which respect, Customer shall provide OT with any necessary and reasonable support. Should Customer itself modify the Work Product or arrange to have the Work Product modified by third parties, any claims based on defects in title shall lapse, unless Customer proves that the defects in title that occurred are not attributable to such modification and that the error analysis and rectification by OT will not be affected thereby.

Appears in 1 contract

Samples: Open Text Professional Services Agreement

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