Common use of Priority C Errors Clause in Contracts

Priority C Errors. Affymetrix may include the Fix for the Error in a subsequent major release of the SOFTWARE. If Affymetrix believes that a problem reported by Customer may not be due to an Error in the SOFTWARE, Affymetrix will so notify Customer. At that time, Customer may (1) instruct Affymetrix to proceed with problem determination at its possible expense as set forth below, or (2) instruct Affymetrix that Customer does not wish the problem pursued at its possible expense. If Customer requests that Affymetrix proceed with problem determination at its possible expense and Affymetrix determines that the error was not due to an Error in the SOFTWARE, Customer shall pay Affymetrix, at Affymetrix’ then-current and standard consulting rates, for all work performed in connection with such determination, plus reasonable related expenses incurred therewith. If Customer instructs Affymetrix that it does not wish the problem pursued at its possible expense or if such determination requires effort by Affymetrix in excess of Customer’s instructions, Affymetrix may, at its sole discretion, elect not to investigate the problem with no liability therefor. Customer shall not be liable for (i) problem determination or repair to the extent problems are due to Errors in the SOFTWARE, (ii) work performed under this paragraph in excess of its instructions or (iii) work performed after Customer has notified Affymetrix 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 Affymetrix).

Priority C Errors. Affymetrix XACCT may include the Fix for the Error in a subsequent the next major release of the SOFTWAREProduct. If Affymetrix XACCT believes that a problem reported by Customer the VAP may not be due to an Error in the SOFTWAREProduct, Affymetrix XACCT will so notify Customerthe VAP. At that time, Customer the VAP may (1) instruct Affymetrix XACCT to proceed with problem determination at its possible expense as set forth below, below or (2) instruct Affymetrix XACCT that Customer the VAP does not wish the problem pursued at its possible expense. If Customer the VAP requests that Affymetrix XACCT proceed with problem determination at its possible expense and Affymetrix XACCT determines that the error was not due to an Error in the SOFTWAREProduct, Customer the VAP shall pay AffymetrixXACCT, at Affymetrix’ XACCT's then-current and standard consulting rates, for all work performed in connection with such determination, plus reasonable related expenses incurred therewith. If Customer instructs Affymetrix that it does not wish the problem pursued at its possible expense or if such determination requires effort by Affymetrix in excess of Customer’s instructions, Affymetrix may, at its sole discretion, elect not to investigate the problem with no liability therefor. Customer The VAP shall not be liable for (i) problem determination or repair to the extent problems are due to Errors in the SOFTWARE, Product or (ii) work performed under this paragraph in excess of its instructions or (iii) work performed after Customer the VAP has notified Affymetrix XACCT 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 AffymetrixXACCT). If the VAP instructs XACCT that it does not wish the problem pursued at its possible expense or if such determination requires effort in excess of VAP's instructions, XACCT may, at its sole discretion, elect not to investigate the error with no liability therefor.