Remedy for Non-Performance. In the event that XXXX’s performance does not conform to paragraph 6.1, and upon notice consistent with this paragraph and paragraph 9.4, ICON will have the opportunity to re-perform any non-conforming Services or, in ICON’s sole discretion, refund the fees allocable to the non-conforming Services. Any notice of non-performance must describe the nature of the non- performance with sufficient particularity for ICON to remedy the non-performance. Any claim of non- conformity must be noticed to ICON within 45 days of the completion of the non-conforming Service, except that if such non-performance was not reasonably discoverable, Client will have the lesser of 30 days from the date of discovery or 120 days from completion of the non-conforming Service. THIS REMEDY REPRESENTS CLIENTS SOLE REMEDY AND ICON’S SOLE LIABILITY IN CONNECTION WITH NON-PERFORMANCE OF ANY SERVICES UNDER THIS AGREEMENT OR ANY APPLICABLE
Appears in 5 contracts
Samples: Master Services Agreement, Master Services Agreement, Master Services Agreement
