Common use of Remediation and Service Limitations Clause in Contracts

Remediation and Service Limitations. Marco may designate certain limitations or exclusions from the Services (“Service Limitations”), including those on Schedule E, or require that Client enter into a separate remediation agreement or otherwise make remediations (“Remediation Plan”) if: (i) on the Effective Date problems exist with Client’s environment; or (ii) during Network Discovery, or at any other time during the AmplifyIT Agreement, Marco determines that upgrading, replacement or other remediation by Client will be required in order for Marco to efficiently and effectively provide and Client and its Representatives to use the Products. Client shall pay Marco’s then prevailing rates for any remediation services. If Minimum Specifications are not met or if Client elects not to implement a product or feature that is included in the AmplifyIT Agreement (including for security) (“AmplifyIT Feature”), Client shall be responsible for and shall pay Marco’s prevailing rates for any services Marco performs, including incident response or remediation, that Marco determines in its sole discretion resulted from (i) the failure to meet Minimum Specifications or implement AmplifyIT Feature(s) or (ii) the support of feature(s) Client has elected to use in lieu of the AmplifyIT Feature(s). If (i) Minimum Specifications are not met; (ii) Client fails to implement a AmplifyIT Feature or a Remediation Plan; or (iii) Marco determines in its sole discretion that the Service Limitations would prohibit Marco from efficiently and effectively providing the Products, Marco may terminate the Agreement and this AmplifyIT Agreement without liability. If Marco terminates on the above basis, Client shall pay all fees incurred to the date of such termination. Marco’s assistance in any audit or other investigation (e.g., computer forensics) initiated by or on behalf of Client or any third party is billable at Marco’s prevailing rates. Client will receive a formalized version of the Schedule E, as referenced below, from which the Client shall be responsible to implement the items listed on the Schedule E within sixty (60) days from the Go Live Date.

Remediation and Service Limitations. Marco may designate certain limitations or exclusions from the Services (“Service Limitations”), including those on Schedule E, or require that Client enter into a separate remediation agreement or otherwise make remediations (“Remediation Plan”) if: (i) on the Effective Date problems exist with Client’s environment; or (ii) during Network Discovery, or at any other time during the AmplifyIT Product Agreement, Marco determines that upgrading, replacement or other remediation by Client will be required in order for Marco to efficiently and effectively provide and Client and its Representatives to use the Products. Client shall pay Marco’s then prevailing rates rate s for any remediation services. If Minimum Specifications are not met or if Client elects not to implement a product or feature that is included in the AmplifyIT Product Agreement (including for security) (“AmplifyIT Product Feature”), Client shall be responsible for and shall pay Marco’s prevailing rates for any services Marco performs, including incident response or remediation, that Marco determines in its sole discretion resulted from (i) the i)the failure to meet Minimum Specifications or implement AmplifyIT Product Feature(s) or (ii) the support of feature(s) Client has elected to use in lieu of the AmplifyIT Product Feature(s). If (i) Minimum Specifications are not met; (ii) Client fails to implement a AmplifyIT Product Feature or a Remediation Plan; or (iii) Marco determines in its sole discretion that the Service Limitations would prohibit Marco from efficiently and effectively providing the Products, Marco may terminate the Agreement and this AmplifyIT Product Agreement without liability. If Marco terminates on the above basis, Client shall pay all fees incurred to the date of such termination. Marco’s assistance in any audit or other investigation (e.g., computer forensics) initiated by or on behalf of Client or any third party is billable at Marco’s prevailing rates. Client will receive a formalized version of the Schedule E, as referenced below, from which the Client shall be responsible to implement the items listed on the Schedule E within sixty (60) days from the Go Live Date.

Remediation and Service Limitations. Marco may designate certain limitations or exclusions from the Services (“Service Limitations”), including those on Schedule E, or require that Client enter into a separate remediation agreement or otherwise make remediations (“Remediation Plan”) if: (i) on the Effective Date problems exist with Client’s environment; or (ii) during Network Discovery, or at any other time during the AmplifyIT Product Agreement, Marco determines that upgrading, replacement or other remediation by Client will be required in order for Marco to efficiently and effectively provide and Client and its Representatives to use the Products. Client shall pay Marco’s then prevailing rates for any remediation services. If Minimum Specifications are not met or if Client elects not to implement a product or feature that is included in the AmplifyIT Product Agreement (including for security) (“AmplifyIT Product Feature”), Client shall be responsible for and shall pay Marco’s prevailing rates for any services Marco performs, including incident response or remediation, that Marco determines in its sole discretion resulted from (i) the i)the failure to meet Minimum Specifications or implement AmplifyIT Product Feature(s) or (ii) the support of feature(s) Client has elected to use in lieu of the AmplifyIT Product Feature(s). If (i) Minimum Specifications are not met; (ii) Client fails to implement a AmplifyIT Product Feature or a Remediation Plan; or (iii) Marco determines in its sole discretion that the Service Limitations would prohibit Marco from efficiently and effectively providing the Products, Marco may terminate the Agreement and this AmplifyIT Product Agreement without liability. If Marco terminates on the above basis, Client shall pay all fees incurred to the date of such termination. Marco’s assistance in any audit or other investigation (e.g., computer forensics) initiated by or on behalf of Client or any third party is billable at Marco’s prevailing rates. Client will receive a formalized version of the Schedule E, as referenced below, from which the Client shall be responsible to implement the items listed on the Schedule E within sixty (60) days from the Go Live Date.