Common use of Right to subsequent performance Clause in Contracts

Right to subsequent performance. Should defects be reported to OT, which are subject to OT’s liability for defects in quality, OT shall render subsequent performance free of charge within a reasonable period. In this respect, OT shall take into account the difficulty in rectifying the relevant defect in quality and its effect on the Customer. Defects in quality may also be rectified by way of written or telephonic instructions to Customer, through remote communications or the sending of data carriers bearing corrective software. In such cases, Customer shall be obliged to implement the relevant instructions. To the extent that this may reasonably be expected of Customer, it shall facilitate remote communications or upload the corrective software immediately following delivery thereof. A defect shall also be deemed rectified if it is circumvented, provided use of the Work Product for the purpose contemplated under the relevant agreement is not adversely affected to a significant extent, and provided Customer may reasonably be expected to tolerate a circumvention. Subsequent performance may be rendered, at OT’s choice, by rectifying the relevant defect or by rendering new delivery of the delivered programs.