Common use of Complaint Clause in Contracts

Complaint. During the performance of Services any deficiencies must be submitted in writing to the party providing the Services. If documentary evidence clearly shows that a party receiving the Service was aware of a deficiency in the Service or should have been aware of the deficiency in the Service exercising a highly professional standard of care, and that party fails to inform the other party within two weeks of becoming aware, the party receiving the Service cannot assert any claims or other rights against the other party resulting from the deficiency in the Service prior to notification, but the party receiving the Service can require the other party to correct the deficiency in the Service without undue delay. The party rendering the Service must correct the deficiency at its expense.

Appears in 6 contracts

Samples: Master Software Development Agreement (Board of Trade of the City of Chicago Inc), Master Software Development Agreement (Board of Trade of the City of Chicago Inc), Systems Operations Agreement (Cbot Holdings Inc)

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