Remediation and Service Limitations. Marco may designate certain limitations or exclusions from the Services (“Service Limitations”), including those on Schedule E, or require that Client enter into a separate remediation agreement or otherwise make remediations (“Remediation Plan”) if: (i) on the Effective Date problems exist with Client’s environment; or (ii) during Network Discovery, or at any other time during the AmplifyIT Agreement, Marco determines that upgrading, replacement or other remediation by Client will be required in order for Marco to efficiently and effectively provide and Client and its Representatives to use the Products. Client shall pay Marco’s then prevailing rates for any remediation services. If Minimum Specifications are not met or if Client elects not to implement a product or feature that is included in the AmplifyIT Agreement (including for security) (“AmplifyIT Feature”), Client shall be responsible for and shall pay Marco’s prevailing rates for any services Marco performs, including incident response or remediation, that Marco determines in its sole discretion resulted from (i) the failure to meet Minimum Specifications or implement AmplifyIT Feature(s) or (ii) the support of feature(s) Client has elected to use in lieu of the AmplifyIT Feature(s). If (i) Minimum Specifications are not met; (ii) Client fails to implement a AmplifyIT Feature or a Remediation Plan; or (iii) Marco determines in its sole discretion that the Service Limitations would prohibit Marco from efficiently and effectively providing the Products, Marco may terminate the Agreement and this AmplifyIT Agreement without liability. If Marco terminates on the above basis, Client shall pay all fees incurred to the date of such termination. Marco’s assistance in any audit or other investigation (e.g., computer forensics) initiated by or on behalf of Client or any third party is billable at Marco’s prevailing rates. Client will receive a formalized version of the Schedule E, as referenced below, from which the Client shall be responsible to implement the items listed on the Schedule E within sixty (60) days from the Go Live Date.
Remediation and Service Limitations. Xxxxx may designate certain limitations or exclusions from the Services (“Service Limitations”), including those on Schedule E, or require that Client enter into a separate remediation agreement or otherwise make remediations (“Remediation Plan”) if: (i) on the Effective Date problems exist with Client’s environment; or (ii) during Network Discovery, or at any other time during the Product Agreement, Xxxxx determines that upgrading, replacement or other remediation by Client will be required in order for Marco to efficiently and effectively provide and Client and its Representatives to use the Products. Client shall pay Xxxxx’s then prevailing rate s for any remediation services. If Minimum Specifications are not met or if Client elects not to implement a product or feature that is included in the Product Agreement (including for security) (“Product Feature”), Client shall be responsible for and shall pay Xxxxx’s prevailing rates for any services Xxxxx performs, including incident response or remediation, that Xxxxx determines in its sole discretion resulted from (i)the failure to meet Minimum Specifications or implement Product Feature(s) or (ii) the support of feature(s) Client has elected to use in lieu of the Product Feature(s). If (i) Minimum Specifications are not met; (ii) Client fails to implement a Product Feature or a Remediation Plan; or (iii) Marco determines in its sole discretion that the Service Limitations would prohibit Xxxxx from efficiently and effectively providing the Products, Xxxxx may terminate the Agreement and this Product Agreement without liability. If Xxxxx terminates on the above basis, Client shall pay all fees incurred to the date of such termination. Xxxxx’s assistance in any audit or other investigation (e.g., computer forensics) initiated by or on behalf of Client or any third party is billable at Xxxxx’s prevailing rates.
Remediation and Service Limitations. Marco may designate certain limitations or exclusions from the Services (“Service Limitations”), including those on Schedule E, or require that Client enter into a separate remediation agreement or otherwise make remediations (“Remediation Plan”) if: (i) on the Effective Date problems exist with Client’s environment; or (ii) during Network Discovery, or at any other time during the 24x7 MIT Agreement, Marco determines that upgrading, replacement or other remediation by Client will be required in order for Marco to efficiently and effectively provide and Client and its Representatives to use the Products. Client shall pay Marco’s then prevailing rates for any remediation services. If Minimum Specifications are not met or if Client elects not to implement a product or feature that is included in the 24x7 MIT Agreement (including for security) (“MIT Feature”), Client shall be responsible for and shall pay Marco’s prevailing rates for any services Marco performs, including incident response or remediation, that Marco determines in its sole discretion resulted from (i)the failure to meet Minimum Specifications or implement MIT Feature(s) or (ii) the support of feature(s) Client has elected to use in lieu of the MIT Feature(s). If (i) Minimum Specifications are not met; (ii) Client fails to implement a MIT Feature or a Remediation Plan; or
Remediation and Service Limitations. Marco may designate certain limitations or exclusions from the Services (“Service Limitations”) or require that Client enter into a separate remediation agreement (“Remediation Plan”) if: (i) on the Effective Date problems exist with Client’s environment; or (ii) during Network Discovery, or at any other time during the Managed WAN Agreement, Marco determines that upgrading, replacement or other remediation by Client will be required in order for Marco to efficiently and effectively provide and Client and its Representatives to use the Products. Client shall pay Marco’s then prevailing rates for any remediation services. If (i) Minimum Specifications are not met; (ii) Client fails to implement the Remediation Plan; or (iii) Marco determines in its sole discretion that the Service Limitations would prohibit Marco from efficiently and effectively providing the Products, Marco may terminate the Agreement and this Managed WAN Agreement without liability. If Marco terminates on the above basis, Client shall pay all fees incurred to the date of such termination.
Remediation and Service Limitations. Marco may designate certain limitations or exclusions from the Services (“Service Limitations”) or require that Client enter into a separate remediation agreement (“Remediation Plan”) if: (i) on the Effective Date problems exist with Client’s environment; or (ii) during Network Discovery, or at any other time during the Cloud Voice Agreement, Marco determines that upgrading, replacement or other remediation by Client will be required in order for Marco to efficiently and effectively provide and Client and its Representatives to use the Products. Client shall pay Marco’s then prevailing rates for any remediation services. If (i) Minimum Specifications are not met; (ii) Client fails to implement the Remediation Plan; or (iii) Marco determines in its sole discretion that the Service Limitations would prohibit Marco from efficiently and effectively providing the Products, Marco may terminate the Agreement and this Cloud Voice Agreement without liability. If Marco terminates on the above basis, Client shall pay all fees incurred to the date of such termination.
Remediation and Service Limitations. Xxxxx may designate certain limitations or exclusions from the Services (“Service Limitations”) or require that Client enter into a separate remediation agreement (“Remediation Plan”) if: (i) on the Effective Date problems exist with Client’s environment; or (ii) during Network Discovery, or at any other time during the Managed WAN Agreement, Xxxxx determines that upgrading, replacement or other remediation by Client will be required in order for Marco to efficiently and effectively provide and Client and its Representatives to use the Products. Client shall pay Xxxxx’s then prevailing rates for any remediation services. If (i) Minimum Specifications are not met; (ii) Client fails to implement the Remediation Plan; or (iii) Marco determines in its sole discretion that the Service Limitations would prohibit Xxxxx from efficiently and effectively providing the Products, Xxxxx may terminate the Agreement and this Managed WAN Agreement without liability. If Xxxxx terminates on the above basis, Client shall pay all fees incurred to the date of such termination.
Remediation and Service Limitations. If during the Network Discovery, or at any other time during the SOW, Marco determines that upgrading, replacement or other remediation by Client will be required in order for Marco to efficiently and effectively provide and Client and its Representatives to use the Products, Marco will either: a) work with Client to create a plan to address the remediation (“Remediation Plan(s)”); or b) designate certain limitations and exclusions from the Services (“Service Limitations”). Changes to this SOW resulting from a Remediation Plan or the Service Limitations will be made by a Service Amendment on Schedule E and/or separate agreement in Marco’s sole discretion. If Client fails to implement the Remediation Plan, and/or Marco determines in its sole discretion that the Service Limitations would prohibit Marco from efficiently and effectively providing the Products, Marco may terminate the Agreement and this SOW without liability. If Marco terminates on the above basis, Client shall pay all fees incurred to the date of such termination.
Remediation and Service Limitations. Xxxxx may designate certain limitations or exclusions from the Services (“Service Limitations”) or require that Client enter into a separate remediation agreement (“Remediation Plan”) if: (i) on the Effective Date problems exist with Client’s environment; or (ii) during Network Discovery, or at any other time during the Cloud Voice Agreement, Xxxxx determines that upgrading, replacement or other remediation by Client will be required in order for Xxxxx to efficiently and effectively provide and Client and its Representatives to use the Products. Client shall pay Xxxxx’s then prevailing rates for any remediation services. If (i) Minimum Specifications are not met; (ii) Client fails to implement the Remediation Plan; or (iii) Marco determines in its sole discretion that the Service Limitations would prohibit Xxxxx from efficiently and effectively providing the Products, Xxxxx may terminate the Agreement and this Cloud Voice Agreement without liability. If Xxxxx terminates on the above basis, Client shall pay all fees incurred to the date of such termination.
Remediation and Service Limitations. Marco may designate certain limitations or exclusions from the Services (“Service Limitations”) or require that Client enter into a separate remediation agreement (“Remediation Plan”) if: (i) on the Effective Date problems exist with Client’s environment; or (ii) during Network Discovery, or at any other time during the MIT Agreement, Marco determines that upgrading, replacement or other remediation by Client will be required in order for Marco to efficiently and effectively provide and Client and its Representatives to use the Products. Client shall pay Marco’s then prevailing rates for any remediation services. If Client elects not to implement a product or feature that is included in the MIT Agreement (including for security) (“MIT Feature”), Client shall be responsible for and shall pay Marco’s prevailing rates for any incident response or remediation that Marco determines in its sole discretion resulted from the failure to implement such MIT Feature. If Client fails to implement an MIT Feature, a Remediation Plan, and/or if Marco determines in its sole discretion that the Service Limitations would prohibit Marco from efficiently and effectively providing the Products, Marco may terminate the Agreement and this MIT Agreement without liability. If Marco terminates on the above basis, Client shall pay all fees incurred to the date of such termination. Marco’s assistance in any audit or other investigation (e.g., computer forensics) initiated by or on behalf of Client or any third party is billable at Marco’s prevailing rates.
Remediation and Service Limitations. Xxxxx may designate certain limitations or exclusions from the Services (“Service Limitations”), including those on Schedule E, or require that Client enter into a separate remediation agreement or otherwise make remediations (“Remediation Plan”) if: (i) on the Effective Date problems exist with Client’s environment; or (ii) during Network Discovery, or at any other time during the MIT Agreement, Xxxxx determines that upgrading, replacement or other remediation by Client will be required in order for Marco to efficiently and effectively provide and Client and its Representatives to use the Products. Client shall pay Xxxxx’s then prevailing rates for any remediation services. If Minimum Specifications are not met or if Client elects not to implement a product or feature that is included in the MIT Agreement (including for security) (“MIT Feature”), Client shall be responsible for and shall pay Xxxxx’s prevailing rates for any services Xxxxx performs, including incident response or remediation, that Xxxxx determines in its sole discretion resulted from (i)the failure to meet Minimum Specifications or implement MIT Feature(s) or (ii) the support of feature(s) Client has elected to use in lieu of the MIT Feature(s). If (i) Minimum Specifications are not met; (ii) Client fails to implement a MIT Feature or a Remediation Plan; or
