Common use of Performance Remedies Clause in Contracts

Performance Remedies. Notwithstanding any acceptance by Nielsen under Section 7, if any of the Products delivered by Seller do not meet the warranties specified herein or otherwise applicable, Nielsen has the right, at its option, to: (i) require Seller to correct any defective or non- conforming Products by repair or replacement or reperformance at no charge to Nielsen; (ii) return such defective or non-conforming Products to Seller at Seller's expense and recover from Seller all amounts paid heretofore; (iii) correct the defective or non-conforming Products itself and charge Seller the cost of such correction; or (iv) utilize the defective Products and require an appropriate reduction in price. Xxxxxxx'x approval of Seller's product, services or design shall not relieve Seller of the warranties set forth herein, nor shall waiver by Nielsen of a requirement pertaining to any acceptance criteria, drawing or specification for one or more of the Products constitute a waiver of such requirements for the remaining Products to be delivered hereunder unless so stated by Nielsen in writing.

Performance Remedies. Notwithstanding any acceptance by Nielsen under Section 7, if any of the Products delivered by Seller do not meet the warranties specified herein or otherwise applicable, Nielsen has the right, at its option, to: (i) require Seller to correct any defective or non- conforming Products by repair or replacement or reperformance at no charge to Nielsen; (ii) return such defective or non-conforming Products to Seller at Seller's expense and recover from Seller all amounts paid heretofore; (iii) correct the defective or non-conforming Products itself and charge Seller the cost of such correction; or (iv) utilize the defective Products and require an appropriate reduction in price. Xxxxxxx'x approval of Seller's product, services or design shall not relieve Seller of the warranties set forth herein, nor shall waiver by Nielsen of a requirement pertaining to any acceptance criteria, drawing or specification for one or more of the Products constitute a waiver of such requirements for the remaining Products to be delivered hereunder unless so stated by Nielsen in writing.

Performance Remedies. Notwithstanding any acceptance by Nielsen NielsenIQ under Section 7, if any of the Products delivered by Seller do not meet the warranties specified herein or otherwise applicable, Nielsen NielsenIQ has the right, at its option, to: (i) require Seller to correct any defective or non- conforming Products by repair or replacement or reperformance at no charge to NielsenNielsenIQ; (ii) return such defective or non-conforming Products to Seller at Seller's expense and recover from Seller all amounts paid heretofore; (iii) correct the defective or non-conforming Products itself and charge Seller the cost of such correction; or (iv) utilize the defective Products and require an appropriate reduction in price. Xxxxxxx'x NielsenIQ's approval of Seller's product, services or design shall not relieve Seller of the warranties set forth herein, nor shall waiver by Nielsen NielsenIQ of a requirement pertaining to any acceptance criteria, drawing or specification for one or more of the Products constitute a waiver of such requirements for the remaining Products to be delivered hereunder unless so stated by Nielsen XxxxxxxXX in writing.