Common use of Remediation and Service Limitations Clause in Contracts

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”), 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”), 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 performsservices, including incident response or remediation, Marco performs 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