Additional Customer Rights. In the event supplementary performance fails after the expiration of the grace period stipulated in Section E.V.4, Customer may • extraordinary terminate the respective Order, unless the Deviation is insignificant, or • reduce the fees agreed in the Order, subject to a maximum of 5% of the Order value. Besides the rights to extraordinary termination or to reduce the fees, Customer is also, subject to applicable law, entitled to claim damages if Xxxxxx has culpably violated the contractual obligations. The limitations of liability stipulated in Section VII of the GTC apply.
Additional Customer Rights. The following additional rights apply to the Licensed Library:
Additional Customer Rights. Customer shall also have the right to enter the premises located at 00000 Xxxxxxxxxxx Xxxxx, Xxxxxx, Xxxxx 00000 (the "Premises"), and to use up to 40 racks not smaller than 49 inches in width each (individually, a "Rack") provided by SMART for Customer's equipment at the location within the Premises designated by SMART (the "Customer Area"), subject to any reasonable restrictions on such entry and use as may be imposed by SMART. Customer shall designate qualified persons who will be the only persons given access to the Customer Area. All such rights of Customer are subject to Customer's compliance with the access and security procedures referred to in Section 5 below and, if applicable, the signing of the confidentiality agreement(s) referred to in Section 8(D) below by Customer's designated persons. In consideration of such right to enter the Premises and to use the Customer Area, Customer shall pay to SMART each month (a) $500.00 for each Rack used by Customer, (b) an additional $100.00 for each Rack requested by Customer in excess of 60 inches in width, (c) $50.00 per month for a work surface of 48 inches in width that contains a lockable cabinet which is designed to allow Customer to repair the equipment located at the Premises on site, and (d) such additional amounts as may be mutually agreed upon. SMART will arrange for the installation of two electrical circuits for each Rack used by Customer. The payments pursuant to clauses (a) and (b) of the immediately preceding sentence are referred to herein as the "Rack Payments." If so requested by Customer, SMART will arrange for the installation of a third electrical circuit for the Rack or Racks specified by Customer and Customer shall reimburse SMART for its actual costs for obtaining and installing each such additional electrical circuit(s).
