Common use of Performance Level Clause in Contracts

Performance Level. Any maintenance services beyond the warranted performance shall be specified and priced in a designated agreement. If the parties have concluded a maintenance and service agreement, the performance level of such agreement shall also form the basis for the warranted performance. If no maintenance agreement has been concluded, the performance level during the warranty period shall be specified in Appendices 1 and/or 2. Moreover, all work involved in curing errors and defects shall be commenced and completed without undue delay after the Contractor has received notice of such errors or defects. The second to last paragraph of clause 5.1 shall apply correspondingly. If the Contractor chooses to rectify errors during the warranty period by delivering a new version of the software, the Contractor shall not be entitled to any consideration in respect of the new version, even if it contains improvements. The Contractor may only rectify errors and defects by way of the delivery of a new version if the Customer is able to utilise such new version on the Customer's existing technical platform.

Performance Level. Any maintenance services beyond the warranted performance shall be specified and priced in a designated agreement. If the parties have concluded a maintenance and service agreement, the performance level of such agreement shall also form the basis for the warranted performance. If no maintenance agreement has been concluded, the performance level during the warranty period shall be specified in Appendices 1 and/or 2. Moreover, all All work involved in curing errors and defects shall be commenced and completed without undue delay after the Contractor has received notice of such errors or defects. The second to last paragraph of clause 5.1 5.2 shall apply correspondingly. If the Contractor chooses to rectify errors and defects during the warranty period by delivering a new version of the softwareSoftware, the Contractor shall not be entitled to any consideration in respect of the new version, even if it contains improvements. The Contractor may only rectify errors and defects by way of the delivery of a new version if the Customer is able to utilise such new version on the Customer's existing technical platform.

Performance Level. ‌ Any maintenance services beyond the warranted performance shall be specified and priced in a designated agreement. If the parties have concluded a maintenance and service agreement, the performance level of such agreement shall also form the basis for the warranted performance. If no maintenance agreement has been concluded, the performance level during the warranty period shall be specified in Appendices 1 and/or 2. Moreover, all All work involved in curing errors and defects shall be commenced and completed without undue delay after the Contractor has received notice of such errors or defects. The second to last paragraph of clause 5.1 5.2 shall apply correspondingly. If the Contractor chooses to rectify errors and defects during the warranty period by delivering a new version of the softwareSoftware, the Contractor shall not be entitled to any consideration in respect of the new version, even if it contains improvements. The Contractor may only rectify errors and defects by way of the delivery of a new version if the Customer is able to utilise such new version on the Customer's existing technical platform.