Performance Remedy. In the event Provider fails to provide a Service hereunder it is otherwise required to provide under this Agreement, or the quality of a Service is not in accordance with Section 3.1 above, in addition to any other remedies to which Recipient may be entitled, Recipient shall be entitled, at the option of Recipient, to (a) a refund of the amount paid to Provider and attributable to such defective Service in respect of the period the Service was defective, (b) reperformance (or performance, as the case may be) by Provider of such defective Service, or (c) performance of such Service by an alternative provider for such Service or by Recipient itself, in which case Provider shall be responsible for the reasonable, incremental costs (above that amount which Provider would charge for such Service hereunder) incurred by Recipient in respect of the period the Service was defective, in seeking and obtaining an alternative provider for such Service or in providing the Service itself.
Performance Remedy. If the Komo Platform fails to conform to the warranty set forth in Section 5.1.1 and the Customer provides written notice of the non-conformance to Komo within the applicable Subscription Term then, as the Customer’s exclusive remedy and Komo’s sole obligation: Komo will either repair or, at its option, replace the non-conforming Komo Platform or, if Komo is unable to correct the non-conformance within 30 days of receipt of such written notice from the Customer, the Customer may terminate the applicable Subscription Services, and Komo will refund to the Customer a pro-rata amount of any Subscription Services fees prepaid to Komo and applicable to the unutilised portion of the Subscription Term for the terminated Subscription Services.
Performance Remedy. If any Software fails to comply with the warranties set forth in Sections 9.3.1 and 9.3.2, and paragraphs A.1, A.2 , B.1 and B.2 of Schedule 5, and if Distributor provides written notice of the non- compliance to Primus within five (5) business days of expiration of the warranty period then, except as otherwise specified in Schedule 5, Primus will either repair or, at its option, replace any non-complying media or Software. If Primus is unable to correct the noncompliance within sixty (60) days of receipt of such written notice from Distributor then, except as otherwise specified in Schedule 5, Primus shall, as Distributor's sole remedy, (i), with respect to non- compliant Initial Software, promptly refund all of the Software license fees paid by Distributor for such Software and terminate the Distribution Term with respect to the non-compliant Software, and (ii), with respect to non-compliant New Software, promptly refund all of the most recent annual support and maintenance fees paid by Distributor to Primus and attributable to the development of such New Software, in each case (i) and (ii) in full and final satisfaction of all and any of Distributor's claims arising out of media or Software failure.
Performance Remedy. If Subscription Services fail to conform to the warranty set forth in Section 11.5(a) – Performance Warranty above and Customer provides written notice of the non-conformance to BSM within the applicable Subscription Term then, as Customer’s exclusive remedy and BSM’s sole obligation: BSM and/or its licensors will either repair or, at its option, replace the non-conforming Subscription Service or, if BSM and/or its licensors are unable to correct the non-conformance within 30 days of receipt of such written notice from Customer, Customer may terminate the applicable Subscription Services, and BSM will refund to Customer a pro-rata amount of any Subscription Services fees prepaid to BSM and applicable to the unutilized portion of the Subscription Term for the terminated Subscription Services.
Performance Remedy. If any Software fails to comply with the warranties set forth in Sections 6.1.1 and 6.1.2, and paragraphs A.1 and A.2 of Schedule 2, and if Licensee provides written notice of the non-compliance to Xxxxxx XX within the warranty period then, except as otherwise specified in Schedule 2, Xxxxxx XX will either repair or, at its option, replace any non-complying media or Software. If Xxxxxx XX is unable to correct the noncompliance within sixty (60) days of receipt of such written notice from Licensee then, except as otherwise specified in Schedule 2, Xxxxxx XX shall (i), with respect to non-compliant Initial Software, promptly refund all of the License fees paid for such Software and terminate the License with respect to such Software, and (ii), with respect to non-compliant New Software, promptly refund all of the most recent annual Support and Maintenance Agreement fees paid by Licensee and attributable to the development of such New Software, in each case (i) and (ii) in full and final satisfaction of all and any of Licensee's claims arising out of media or Software failure.
Performance Remedy. In the event that Industries fails to provide a Service hereunder, or the quality of a Service is not in accordance with Section 1.1 or Section 1.5, Micro may give Industries prompt written notice thereof. Industries will then have thirty days to cure the defective Service. If after such period Industries has failed to cure the defective Service, Micro may seek an alternative provider for such Service and Industries shall discontinue performing such Service at the written request of Micro. Micro shall be liable to Industries for any Service performed by Industries after Industries has been given written notice of termination of such Service pursuant to this Section 1.6, except for any out-of-pocket costs incurred by Industries in connection with the cessation of such Services or the transfer of such Services back to Micro or its designees. Except as otherwise expressly provided in Article 2, the provisions of this Section 1.6 will provide the exclusive remedy for any misrepresentation, breach of warranty, covenant or other agreement or other claim arising out of this Agreement or the Services to be performed hereunder.
Performance Remedy. If any Software fails to comply with the warranties ------------------ set forth in Sections 6.1.1 and 6.1.2 and Licensee provides written notice of the non-compliance to Distributor within the warranty period, then Distributor will either repair or, at its option, replace any non-complying media or Software. If Distributor is unable to correct the noncompliance within sixty (60) days of receipt of such written notice from Licensee, Distributor shall (i), with respect to non-compliant Initial Software, promptly refund all of the License fees paid for such Software, and (ii), with respect to non-compliant New Software, promptly refund all of the most recent annual Support and Maintenance Agreement fee attributable to the development of New Software, together with a pro-rated amount of the annual fee reflecting the unused portion of the annual term, in each case (i) and (ii) in full and final satisfaction of all and any of Licensee's claims arising out of media or Software failure, and immediately terminate the License or Support and Maintenance Agreement, as the case may be.
Performance Remedy. If the Services are not performed substantially in accordance with the SLAs, Spyglass will use reasonable commercial efforts to correct such failure so long as (i) Reseller promptly reports such failure; (ii) the failure can be verified by Spyglass; and (iii) the cause of the failure is within Spyglass’ control. Spyglass may amend the SLAs upon thirty (30) days prior notice to Reseller; provided, however, that any such amendment may not materially affect the Services then being provided to Clients.
Performance Remedy. Subject to Upland’s Support Services obligations detailed in the applicable Schedule, if the Application fails to conform to the warranty set forth in Section 8.3.2 and Customer provides written notice of the non- conformance to Upland, then, as Customer’s exclusive remedy and Upland’s sole obligation: Upland shall either repair or, at its option, replace the non-conforming Application or, if Upland is unable to correct the non-conformance within thirty (30) days of receipt of such written notice from Customer, Customer may terminate the applicable Services, and Upland shall refund to Customer a pro-rata amount of any Services fees prepaid to Upland and applicable to the unutilized portion of the Subscription Term for the terminated Services.
Performance Remedy. If the Modjoul Platform fails to conform to the warranty set forth in Section 4.1.1 and Customer provides written notice of the non-conformance to Modjoul within the applicable Order Term then, as Customer’s exclusive remedy and Modjoul’s sole obligation: Modjoul will either repair or, at its option, replace the non-conforming Modjoul Platform or, if Modjoul is unable to correct the non-conformance within 30 days of receipt of such written notice from Customer, Customer may terminate the applicable Subscription Services, and Modjoul will refund to Customer a pro-rata amount of any Subscription Services fees prepaid to Modjoul and applicable to the unutilized portion of the Subscription Term for the terminated Subscription Services.
