Correction Attempts for Material Bugs Clause Samples

Correction Attempts for Material Bugs. 9.2.1 During the Term, each Bug Report will include, and DCH will continue to provide, all information reasonably requested by Contractor from time to time to assist Contractor in identifying and correcting the Bug. 9.2.2 During the Term, upon request by DCH, to be accompanied by reasonable backup documents, Contractor will credit or reimburse DCH for any amount by which DCH’s Direct Expenses related to the Bug during the Term exceed Ten Thousand Dollars ($10,000.00) per calendar year in the aggregate. 9.2.3 Contractor's obligations under this Section 9 are effective during the Term, but not at any other time. 9.2.4 Contractor shall carry out its obligations under this Section 9 at no charge to DCH, except as otherwise expressly set forth in this Agreement. 9.2.5 Contractor shall proceed as set forth in this Section 9 if all of the following are true; Contractor may, but need not, so proceed if one or more of the following are untrue: (i) DCH states in a Bug Report (or in a follow-up report) that a Bug in the System is a Material one and identifies in reasonable detail the basis for such statement, and (ii) Contractor is able to reproduce the Bug in the applicable operating environment and verify that the Bug is in fact in the System and not elsewhere, and (iii) DCH is using the then-current version of the System or other version of the System then supported by Contractor. 9.2.6 Within five (5) Business Days of receiving such Bug Report, Contractor shall either: (i) provide DCH with a correction or workaround sufficient to alleviate any Material adverse effect of the Bug on the utility of the System, or (ii) provide DCH with a written response describing Contractor's then-existing diagnosis of the Bug and generally outlining Contractor's then-existing plan and timetable for correcting or working around the Bug. 9.2.7 After Contractor's initial report to DCH as provided above, Contractor will report its progress in correcting or working around such Bug to DCH no less often than weekly. 9.2.8 Contractor may terminate its corrective efforts under this Section 9 only if Contractor corrects the Bug or finds a way to work around the Bug, such that, in the reasonable judgement of DCH, the functionality of the System is not compromised. 9.2.9 If Contractor is unable to correct the Bug or find a way to work around the Bug, DCH may attempt to correct such Bug at its own risk, including making modifications to the Source Code, if and to the extent DCH has or obtains ...