By Consultant. Consultant represents and warrants to Client that it shall perform the Services in a professional and workmanlike manner in accordance with generally recognized industry standards for similar services and shall devote adequate resources to meet its obligations under this Agreement. Notwithstanding anything to the contrary, Consultant shall not be liable for a breach of the warranty set forth in this Section 10(b) unless Client gives written notice of the defective Services, reasonably described, to Consultant within 5 days of the time when Client discovers or ought to have discovered that the Services were defective. Subject to the foregoing sentence, Consultant shall, in its sole discretion, either: (a) repair or re-perform such Services, or (b) credit or refund the fee for such Services set forth on the Statement of Work. THE REMEDIES SET FORTH IN THE FOREGOING SENTENCE SHALL BE THE CLIENT’S SOLE AND EXCLUSIVE REMEDY AND CONSULTANT’S ENTIRE LIABILITY FOR ANY BREACH OF THE LIMITED WARRANTY SET FORTH IN SECTION 10(b).
Appears in 9 contracts
Samples: Professional Services Agreement, Professional Services Agreement, Professional Services Agreement
