Common use of Remedies for Breach of Warranty Clause in Contracts

Remedies for Breach of Warranty. If the Product does not meet the warranties during the Warranty Period or the term of any Support Services, Licensor shall provide, at no charge, the software and support required to attain the warranted standards. If Licensor cannot meet the warranties by performance of Support Services within the time frames and pursuant to the terms and conditions of this Agreement, GE shall have the right, in its sole discretion, and in addition to any other remedies, to one or more of the following remedies: (i) full or partial refunds of the license fees and/or support services fees from Licensor; (ii) reimbursements by Licensor for the reasonable costs of a consultant to fix the Software; or (iii) acceptance of impaired performance by GE in exchange for a full setoff/credit from Licensor against license fees and/or support services fees.