Licensee’s Remedies. If any default by the Judicial Council shall continue uncured following notice of default as required by this SLA, Licensee's sole remedies are the following:
Licensee’s Remedies. In the event of breach, or alleged breach of any of the warranties in section 8.2, Licensee shall promptly notify Highsoft and delete Software. Licensee’s sole remedy in such an event shall be that Highsoft shall re-supply or correct the Software so that it operates according to the warranties set out in section 8.2. The warranties shall not apply if Licensee has modified, or used Software improperly, or on an operating environment not approved by Highsoft. Improper use and unapproved operating environments will be as set forth in the documentation provided to Licensee on or prior to Delivery Date.
Licensee’s Remedies. 13.1 Thrive’s entire liability and your exclusive remedy (or that of any Organisation in the Cluster at any time) for any breach of clause 12 or this Agreement shall be repair or replacement of Thrive-Online.
Licensee’s Remedies. In the event of any failure by Licensor to perform any of its obligations hereunder, Licensee (except in the case of an emergency) shall take no action without having first given Licensor written notice of any such default and a reasonable opportunity to cure which, in any event, shall not exceed thirty (30) business days. Following such notice and failure by Licensor to cure, Licensee shall have all rights available to it at law or in equity, and shall have the further right to take the necessary actions to perform Licensor’s uncured obligations hereunder and invoice Licensor for the costs and expenses thereof, unless Licensor has diligently commenced to perform its uncured obligations hereunder within said period not to exceed thirty (30) business days. Licensor shall remit payment to Licensee within thirty (30) days of receipt of invoice from Licensee. If Licensor fails to remit payment to Licensee within the aforesaid thirty (30) day period, Licensee shall have the right to offset and deduct said sum from Base Annual Fee.
Licensee’s Remedies. If any default by Trustees shall continue uncured following notice of default as required by this Agreement, Licensee’s sole remedies are the following:
Licensee’s Remedies. If the Institute elects to terminate this Agreement as specified in Section 3.2 and Licensee contests such election, then prior to the Institute taking such remedy:
Licensee’s Remedies. Your sole and exclusive remedies for any damages or loss in any way connected with the products or services furnished by Corporate Renaissance Group whether due to any negligence or any other cause, shall be, at Corporate Renaissance Group’s option: (a) to bring the performance of the product into substantial compliance with the functional specifications; (b) re-performance of services; or (c) return of an appropriate portion of any payment made by you with respect to the applicable portion of the Software or services.
Licensee’s Remedies. Licensee's sole and exclusive remedies for any damages or loss in any way connected with the Software or Services furnished by Reseller and its licensors, whether due to Reseller's negligence or breach of any other duty, shall be, at Reseller's option: (i) to bring the performance of the Software into substantial compliance with the functional specifications; (ii) re-performance of Services; or (iii) return of an appropriate portion of any payment made by Licensee with respect to the applicable portion of the Software or Services.
Licensee’s Remedies. In the event of breach or alleged breach of any of the warranties in clause 9.2, Licensee shall promptly notify Highsoft and return the Software to Highsoft at Licensee’s own expense. Licensee’s sole remedy in such an event shall be that Highsoft shall correct the Software so that it operates according to the warranties set out in clause 9.2. The warranties shall not apply to Software that has been modified or used improperly or on an operating environment not approved by Highsoft. Licensee is not entitled to any damages, including but not limited to consequential damages, if the Software does not meet the limited warranties.
Licensee’s Remedies. Licensee's sole and exclusive remedies for any damages or loss in any way connected with the Software or Services furnished by SAP and its licensors, whether due to SAP's negligence or breach of any other duty, shall be, at SAP's option: (i) to bring the performance of the Software into substantial compliance with the functional specifications; (ii) re-performance of Services; or (iii) return of an appropriate portion of any payment made by Licensee with respect to the applicable portion of the Software or Services.
