Common use of Performance Remedy Clause in Contracts

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 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 ServicesServices within 60 days of termination.

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 elements of the Komo Platform or, if Komo Xxxx 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 unutilized portion of the Subscription Term for the terminated Subscription ServicesServices within 60 days of termination.