Common use of WARRANTIES AND REMEDIES FOR BREACH OF WARRANTY Clause in Contracts

WARRANTIES AND REMEDIES FOR BREACH OF WARRANTY. A. CGI warrants that the maintenance services specified in Exhibit A will be performed in a workmanlike manner consistent with industry standards reasonably applicable to the performance of such maintenance services. If Customer believes there has been a breach of this warranty and so notifies CGI in writing stating in reasonable detail the nature of the claimed breach within thirty (30) calendar days after the maintenance services are delivered to Customer by CGI, then CGI will promptly investigate the matter. If it is determined that there has been a breach of this warranty, then CGI’s sole obligation, and Customer’s exclusive remedy, will be for CGI to correct or re-perform any affected maintenance services as necessary to cause them to comply with this warranty. There will be no additional charge to Customer for the investigation and correction efforts performed by CGI, except as provided in Section 2.B. If CGI is unable to correct a breach of this warranty after repeated efforts, Customer will be entitled to recover its actual damages subject to the limitations and exclusions set forth in Section 6.

Appears in 2 contracts

Samples: Proprietary Software Maintenance Agreement, Proprietary Software Maintenance Agreement

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WARRANTIES AND REMEDIES FOR BREACH OF WARRANTY. A. CGI warrants that the maintenance services specified in Exhibit A will be performed in a workmanlike manner consistent with industry standards reasonably applicable to the performance of such maintenance services. If Customer believes there has been a breach of this warranty and so notifies CGI in writing stating in reasonable detail the nature of the claimed breach within thirty (30) calendar days after the maintenance services are delivered to Customer by CGI, then CGI will promptly investigate the matter. If it is determined that there has been a breach of this warranty, then CGI’s sole obligation, and Customer’s exclusive remedy, will be for CGI to correct or re-perform any affected maintenance services as necessary to cause them to comply with this warranty. There will be no additional charge to Customer for the investigation and correction efforts performed by CGI, except as provided in Section 2.B. If CGI is unable to correct a breach of this warranty after repeated efforts, Customer will be entitled to recover its actual damages subject to the limitations and exclusions set forth in Section 65.

Appears in 2 contracts

Samples: Software Maintenance Agreement, www.cgi.com

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