Provider’s Remedies. Provider's sole and exclusive remedies for any damages or loss in any way connected with the Software or SAP Support furnished by SAP and its licensors, including due to SAP's negligence or breach of any other duty, shall be, at SAP's option: (i) to bring the performance of the Software into substantial compliance with the functional specifications; (ii) re- performance of SAP Support; or (iii) return of an appropriate portion of any payment made by Provider with respect to the applicable portion of the Software or SAP Support.
Appears in 32 contracts
Samples: Outsourcing Agreement, Outsourcing Agreement, Outsourcing Agreement
Provider’s Remedies. Provider's sole and exclusive remedies for any damages or loss in any way connected with the Software or SAP Support furnished by SAP and its licensors, including due to SAP's negligence or breach of any other duty, shall be, at SAP's option: (i) to bring the performance of the Software into substantial compliance with the functional specifications; (ii) re- re-performance of SAP Support; or (iii) return of an appropriate portion of any payment made by Provider with respect to the applicable portion of the Software or SAP Support.
Appears in 2 contracts
Samples: Outsourcing Agreement, Outsourcing Agreement
Provider’s Remedies. Provider's sole and exclusive remedies for any damages or loss in any way connected with the Software or SAP Support furnished by SAP and its licensors, including due to SAP's negligence or breach of any other duty, shall be, at SAP's option: option (clause 308.2 of the Civil Code of Russia): (i) to bring the performance of the Software into substantial compliance with the functional specifications; (ii) re- re-performance of SAP Support; or (iii) return of an appropriate portion of any payment made by Provider with respect to the applicable portion of the Software or SAP Support.
Appears in 1 contract
Samples: Outsourcing Agreement
