Problems with Licensed Materials. If the Licensed Materials fail to operate, display, load, or render in conformance with the terms of this Agreement, the Licensee or the Participating Institution shall immediately notify the Distributor or the Publisher in writing, and the Distributor shall ensure that the Publisher will promptly use best efforts to restore access to the Licensed Materials as soon as possible. In the event that the non-conformity materially affects the Participating Institutions’ or the Authorized Users’ access and use of the Licensed Materials as contemplated in this Agreement, and the Publisher fails to remedy the non-conformity within five (5) business days, the Distributor shall reimburse the Licensee for such problems in an amount that is proportional to the Fee.
Appears in 1 contract
Sources: License Agreement
Problems with Licensed Materials. If the Licensed Materials fail to operate, display, load, or render in conformance with the terms of this Agreement, the Licensee or the Participating Institution shall immediately notify the Distributor or the Publisher in writing, and the Distributor shall ensure that the Publisher will promptly use best reasonable efforts to restore access to the Licensed Materials as soon as possiblereasonably practicable. In the event that the non-conformity materially affects the Participating Institutions’ or the Authorized Users’ access and use of the Licensed Materials as contemplated in this AgreementMaterials, and the Publisher fails to remedy the non-conformity in all material respects within five (5) business days, the Distributor shall reimburse the Licensee for such problems in an amount that is proportional to the Fee.
Appears in 1 contract
Sources: License Agreement
Problems with Licensed Materials. If the Licensed Materials fail to operate, display, load, or render in conformance with the terms of this Agreement, the Licensee or the Participating Institution shall immediately notify the Distributor or the Publisher in writingDistributor, and the Distributor shall ensure that the Publisher will promptly use best reasonable efforts to restore access to the Licensed Materials as soon as possible. In the event that the non-conformity materially affects the Participating Institutions’ or the Authorized Users’ access and use of the Licensed Materials as contemplated in this AgreementMaterials, and the Publisher fails to remedy the non-non- conformity within five (5) business days, the Distributor shall reimburse the Licensee for such problems in an amount that is proportional to the Fee.
Appears in 1 contract
Sources: License Agreement
Problems with Licensed Materials. If the Licensed Materials fail to operate, display, load, or render in conformance with the terms of this Agreement, the Licensee or the Participating Institution shall immediately notify the Distributor or the Publisher in writing, and the Distributor shall ensure that the Publisher will promptly use best commercially reasonable efforts to restore access to the Licensed Materials as soon as possiblein a timely manner. In the event that the non-conformity materially affects the Participating Institutions’ or the Authorized Users’ access and use of the Licensed Materials as contemplated in this AgreementMaterials, and the Licensee provides the Distributor with detailed evidence of such, and the Publisher fails to remedy the non-conformity within five (5) business days, the Distributor shall reimburse the Licensee daily pro rata Fee, based upon the then current annual Fee annually paid by the Licensee under this Agreement for such problems in an amount the Participating Institutions that is proportional to the Feehave been adversely affected.
Appears in 1 contract
Sources: License Agreement
Problems with Licensed Materials. If the Licensed Materials fail to operate, display, load, or render in conformance with the terms of this Agreement, the Licensee or the Participating Institution shall immediately notify the Distributor or the Publisher in writing, and the Distributor shall ensure that the Publisher will promptly use best reasonable efforts to restore access to the Licensed Materials as soon as possible. reasonably practicable In the event that the non-conformity materially affects the Participating Institutions’ or the Authorized Users’ access and use of the Licensed Materials as contemplated in this AgreementMaterials, and the Publisher fails to remedy the non-conformity in all material respects within five (5) business days, the Distributor shall reimburse the Licensee for such problems in an amount that is proportional to the Fee.
Appears in 1 contract
Sources: License Agreement