Remedy for Breach of Warranties. Customer’s sole remedy for any breach of the warranties in clause 2.1 is that Nintex must, at its option, either: (a) modify the Software; or (b) replace the Software with software of substantially similar functionality, so as to correct any defect or to render use of the Software non infringing (as the case may be) PROVIDED THAT the identified defect or infringement has not been caused by: (x) any modification, variation or addition to the Software not performed by Nintex; (y) incorrect use, abuse or corruption of the Software; or
Remedy for Breach of Warranties. If any Services are not in accordance with, or if QTM Global Services Limited otherwise fails to fulfil its obligations under, these Terms and Conditions, the Purchasing Authority may without liability at any time and without prejudice to its other rights or remedies:
(a) by written notice require QTM Global Services Limited to re-perform the Services as soon as reasonably practicable at no cost or liability to The Purchasing Authority; and/or
(b) terminate the affected Customer Schedule and/or affected SOW; and/or
(c) refuse to accept any further performance of the Services.
Remedy for Breach of Warranties. In the event Tenant discovers a breach of either warranty set forth in Subparagraph (c)(1) or (c)(2) above, Tenant shall so notify Landlord and shall specify the nature of such purported breach in reasonable detail. Landlord shall have thirty (30) days after receipt of such notice to make appropriate repairs or modifications, provided that if the nature of the repair or modification is such that it cannot be completed within such time period, Landlord may have such additional time to cure such violations as may be necessary provided Landlord initiates a cure within such thirty (30) day period and diligently prosecutes such cure to completion. Notwithstanding anything contained in this Article 4 to the contrary, the warranties set forth in Subparagraph (c)(1) and (c)(2) above shall expire and be of no further force or effect unless Landlord receives notice of a purported breach from Tenant within one hundred eighty (180) days following the Commencement Date.
Remedy for Breach of Warranties. Subject to the remaining provisions of this clause 13, if there is a breach of any of the Warranties, then, without prejudice to the right of the Purchaser to claim damages on any other basis, the Covenantor is liable to pay damages to the Purchaser, together in each case with all costs, losses and expenses incurred or sustained by the Purchaser as a result of the breach or of the fact, matter, event or circumstance resulting in the breach.
