Minor Errors. In the event of a Minor Error, Com21 will respond to requests for information within eight (8) hours and, if appropriate, use commercially diligent efforts to provide an upgrade of the Com21 Software providing a Workaround or a Fix for the Error within three (3) months of Philips' reporting of such Error. (1) instruct Com21 to proceed with problem determination at its possible expense as set forth below or (2) instruct Com21 that Philips does not wish the problem pursued at its possible expense. If Philips requests that Com21 proceed with problem determination at its possible expense and Com21 determines that the error was not due to an Error in the Com21 Software, Philips shall pay Com21, at Com21' then-current and standard consulting rates, for all work performed in connection with such determination, plus reasonable related expenses incurred therewith. Philips shall not be liable for (i) problem determination or repair to the extent problems are due to Errors in the Com21 Software or (ii) work performed under this paragraph in excess of its instructions or (iii) work performed after Philips has notified Com21 that it no longer wishes work on the problem determination to be continued at its possible expense (such notice shall be deemed given when actually received by Com21). If Philips instructs Com21 that it does not wish the problem pursued at its possible expense or if such determination requires effort in excess of Philips' instructions, Com21 may, at its sole discretion, elect not to investigate the Error with no liability therefor.
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Sources: Distribution Agreement (Com21 Inc), Distribution Agreement (Com21 Inc)
Minor Errors. In the event of a Minor Error, Com21 COM21 will respond to requests for information within eight (8) hours and, if appropriate, use commercially diligent efforts to provide an upgrade of the Com21 Software providing a Workaround or a Fix for the Error within three one hundred eighty (3180) months days of PhilipsSiemens' reporting of such Error.
. If COM21 believes that a problem reported by Siemens may not be due to an Error in the Software, COM21 will so notify Siemens. At that time, Siemens may (1) instruct Com21 COM21 to proceed with problem determination at its possible expense as set forth below or (2) instruct Com21 COM21 that Philips Siemens does not wish the problem pursued at its possible expense. If Philips Siemens requests that Com21 COM21 proceed with problem determination at its possible expense and Com21 COM21 determines that the error was not due to an Error in the Com21 Software, Philips Siemens shall pay Com21COM21, at Com21' COM21's then-current and standard consulting rates, for all work performed in connection with such determination, plus reasonable related expenses incurred therewith. Philips Siemens shall not be liable for (i) problem determination or repair to the extent problems are due to Errors in the Com21 Software or (ii) work performed under this paragraph in excess of its instructions or (iii) work performed after Philips Siemens has notified Com21 COM21 that it no longer wishes work on the problem determination to be continued at its possible expense (such notice shall be deemed given when actually received by Com21COM21). If Philips Siemens instructs Com21 COM21 that it does not wish the problem pursued at its possible expense or if such determination requires effort in excess of PhilipsSiemens' instructions, Com21 COM21 may, at its sole discretion, elect not to investigate the Error error with no liability therefor.
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