Remedies for Breach of Response Time Commitments. If PV fails to meet the response time commitments in Table 1 above, Customer’s exclusive remedy and PV’s sole obligation will be: (a) for PV to make commercially reasonable efforts to respond promptly after Customer notifies PV that it failed to meet the relevant response time commitment; and (b) if PV fails to meet the relevant response time commitments three times during a calendar quarter, for Customer to terminate the applicable Order Form and receive a refund, on a pro rata basis, of any Fees paid for the Production Tenant(s) that are unused as of the termination effective date.
Remedies for Breach of Response Time Commitments. If Xxxxxxxxx.XX fails to meet the response time commitments in Table 1 above, Customer’s exclusive remedy and Xxxxxxxxx.XX’s sole obligation will be: (a) for Xxxxxxxxx.XX to make reasonable efforts to respond promptly after Customer notifies Xxxxxxxxx.XX that it failed to meet the relevant response time commitment; and (b) if Xxxxxxxxx.XX fails to meet the relevant response time commitments three (3) times during a calendar quarter, for Customer to terminate the applicable Order Form and receive a refund, on a pro rata basis, of any Fees paid for the Production Tenant(s) that are unused as of the termination effective date.
Remedies for Breach of Response Time Commitments. If keylight fails to meet the response time commitments above, Customer’s exclusive remedy and keylight’s sole obligation will be: (a) for keylight to make best efforts to respond promptly after Customer notifies keylight that it failed to meet the relevant response time commitment; and (b) if keylight fails to meet the relevant response time commitments three (3) times during a calendar quarter, for Customer to terminate the applicable Order Form and receive a refund, on a pro rata basis, of any Fees paid for the Production Tenant(s) that are unused as of the termination effective date.
