Responsibility for Errors; Delays. Except in the case of a Service Provider's gross negligence or willful misconduct, a Service Provider's sole responsibility to a Service Recipient:
(a) for errors or omissions in Services, shall be to furnish correct information, payment and/or adjustment in the Services, at no additional cost or expense to the Service Recipient; provided, the Service Recipient must promptly advise the Service Provider of any such error or omission of which it becomes aware after having used reasonable efforts to detect any such errors or omissions in accordance with the standard of care set forth in Section 6.1; and
(b) for failure to deliver any service because of Impracticability, shall be to use reasonable efforts, subject to Section 3.3, to make the Services available and/or to resume performing the Services as promptly as reasonably practicable.
Responsibility for Errors; Delays. SHMC’s sole responsibility to LE for errors or omissions in Services caused by SHMC will be to furnish correct information, payment or adjustment in the Services, and if such errors or omissions are solely or primarily caused by SHMC, SHMC will promptly furnish such corrections at no additional cost or expense to LE if LE promptly advises SHMC of such error or omission.
Responsibility for Errors; Delays. Adaptec's sole responsibility to Roxio:
(a) for errors or omissions in Services, other than errors or omissions attributable to Adaptec's gross negligence or willful misconduct, shall be to furnish correct information, payment and/or adjustment in the Services, at no additional cost or expense to Roxio; provided, Roxio must promptly advise Adaptec of any such error or omission of which it becomes aware.
(b) for failure to deliver any Service because of Impracticability, shall be to use reasonable efforts to make any portion of the Services which are not Impracticable available and/or to resume performing the Services which are or have become impracticable as promptly as reasonably practicable.
Responsibility for Errors; Delays. Except as provided in an Exhibit expressly referencing this Section and approved in writing by the respective General Counsels of Providing Company and Receiving Company, Providing Company’s sole responsibility to Receiving Company:
(i) for errors or omissions in Services, shall be to furnish correct information, payment and/or adjustment in the Services, at no additional cost or expense to Receiving Company; provided, Receiving Company must promptly advise Providing Company of any such error or omission of which it becomes aware after having used reasonable efforts to detect any such errors or omissions in accordance with the standard of care set forth in subsection 2.4(b);
(ii) for failure to deliver any Service because of Impracticability, shall be to use reasonable efforts, subject to subsection 2.5(c), to make the Services available and/or to resume performing the Services as promptly as reasonably practicable;
(iii) for an error, bug, fault or deficiency in a replicated or transferred System (a “System Error”) that did not exist in the System immediately before the Effective Date, shall be to use reasonable efforts, subject to subsection 2.5(c) and taking into account the importance of the affected System to the Receiving Company’s business operations, to cooperate with Receiving Company to correct such System Error at no additional cost or expense to Receiving Company (such correction may take the form of new or revised software or an appropriate work-around); provided, Receiving Company must advise Providing Company of any such System Error within sixty (60) days after completion of the activities set forth in (A) the Exhibit for the System containing a System Error or (B) the Exhibit for any feeder System that caused the System Error, whichever is later;
(iv) for failure to complete any of the Systems replication or transfer Services because of Impracticability, shall be to use reasonable efforts, subject to subsection 2.5(c), to make the Systems available to Receiving Company from a Providing Company facility until Providing Company can resume replication or transfer activities or until the parties devise an appropriate alternative approach pursuant to subsection 2.4(f).
Responsibility for Errors; Delays. The Rendering Party's sole responsibility to the Receiving Party:
5.3.1. for errors or omissions in Services, other than errors or omissions attributable to the Rendering Party's gross negligence or willful misconduct, shall be to furnish correct information, payment and/or adjustment in the Services, at no additional cost or expense to the Receiving Party; provided, the Receiving Party must promptly advise the Rendering Party of any such error or omission of which it becomes aware.
5.3.2. for failure to deliver any Service because of Impracticability, shall be to use reasonable efforts to make any portion of the Services which are not Impracticable available and/or to resume performing the Services which are or have become impracticable as promptly as reasonably practicable.
Responsibility for Errors; Delays. A Service Provider's sole responsibility to a Service Recipient:
(a) for errors or omissions in a Service (including an Outsourced Service), other than errors or omissions attributable to the Service Provider's willful misconduct, shall be to furnish correct information, payment and/or adjustment in the Service, at no additional cost or expense to the Service Recipient; provided, the Service Recipient must promptly advise the Service Provider of any such error or omission of which it becomes aware. Without in any way limiting the generality of the preceding sentence, a Service Provider shall have no liability for the negligence, gross negligence or willful misconduct of a third-party providing an Outsourced Service except as provided in the preceding sentence; provided that such Service Provider shall provide reasonable cooperation to the Service Recipient in the exercise of any remedies sought by the Service Recipient against such third-party.
(b) for failure to deliver any Service because of Impracticability, shall be to use reasonable efforts to make any portion of the Services which are not Impracticable available and/or to resume performing the Services which are or have become Impracticable as promptly as reasonably practicable.
Responsibility for Errors; Delays. SRC’s sole responsibility to LE for errors or omissions in Services caused by SRC will be to furnish correct information or adjustment in the Services, and if such errors or omissions are solely or primarily caused by SRC, SRC will promptly furnish such corrections at no additional cost or expense to LE if LE promptly advises SRC of such error or omission.
Responsibility for Errors; Delays. Southern's sole responsibility to Southern Energy:
(a) for errors or omissions in Services (except for Engineering and Technical Services provided for in Article 11), shall be to furnish correct information, payment and/or adjustment in the Services, at no additional cost or expense to Southern Energy; provided, Southern Energy must promptly advise Southern of any such error or omission of which it becomes aware after having used reasonable efforts to detect any such errors or omissions in accordance with the standard of care set forth in Section 6.3; and
(b) for failure to deliver any Service because of Impracticability, shall be to use reasonable efforts, subject to Section 3.2, 3.3 and Section 3.4, to make the Services available and/or to resume performing the Services as promptly as reasonably practicable.
Responsibility for Errors; Delays. SHMC’s sole responsibility to Seritage for errors or omissions in Services caused by SHMC shall be to furnish correct information, payment or adjustment in the Services, and if such errors or omissions are solely or primarily caused by SHMC, SHMC shall promptly furnish such corrections at no additional cost or expense to Seritage if Seritage promptly advises SHMC of such error or omission.
