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.
Appears in 5 contracts
Samples: Master Services Agreement, Master Services Agreement, Master Services Agreement
