Common use of Remediation and Service Limitations Clause in Contracts

Remediation and Service Limitations. Xxxxx 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 Product Agreement, Xxxxx 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 Xxxxx’s then prevailing 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 Product Agreement (including for security) (“Product Feature”), Client shall be responsible for and shall pay Xxxxx’s prevailing rates for any services Xxxxx performs, including incident response or remediation, that Xxxxx determines in its sole discretion resulted from (i)the failure to meet Minimum Specifications or implement Product Feature(s) or (ii) the support of feature(s) Client has elected to use in lieu of the Product Feature(s). If (i) Minimum Specifications are not met; (ii) Client fails to implement a Product Feature or a Remediation Plan; or (iii) Marco determines in its sole discretion that the Service Limitations would prohibit Xxxxx from efficiently and effectively providing the Products, Xxxxx may terminate the Agreement and this Product Agreement without liability. If Xxxxx terminates on the above basis, Client shall pay all fees incurred to the date of such termination. Xxxxx’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 Xxxxx’s prevailing rates.

Remediation and Service Limitations. Xxxxx 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 Product 24x7 MIT Agreement, Xxxxx 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 Xxxxx’s then prevailing rate s 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 Product 24x7 MIT Agreement (including for security) (“Product MIT Feature”), Client shall be responsible for and shall pay Xxxxx’s prevailing rates for any services Xxxxx performs, including incident response or remediation, that Xxxxx determines in its sole discretion resulted from (i)the failure to meet Minimum Specifications or implement Product MIT Feature(s) or (ii) the support of feature(s) Client has elected to use in lieu of the Product MIT Feature(s). If (i) Minimum Specifications are not met; (ii) Client fails to implement a Product MIT Feature or a Remediation Plan; or (iii) Marco determines in its sole discretion that the Service Limitations would prohibit Xxxxx from efficiently and effectively providing the Products, Xxxxx may terminate the Agreement and this Product 24x7 MIT Agreement without liability. If Xxxxx terminates on the above basis, Client shall pay all fees incurred to the date of such termination. Xxxxx’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 Xxxxx’s prevailing rates.

Remediation and Service Limitations. Xxxxx 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 Product Agreement, Xxxxx 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 Xxxxx’s then prevailing rate s 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 Product Agreement (including for security) (“Product Feature”), Client shall be responsible for and shall pay Xxxxx’s prevailing rates for any services Xxxxx performs, including incident response or remediation, that Xxxxx determines in its sole discretion resulted from (i)the failure to meet Minimum Specifications or implement Product Feature(s) or (ii) the support of feature(s) Client has elected to use in lieu of the Product Feature(s). If (i) Minimum Specifications are not met; (ii) Client fails to implement a Product Feature or a Remediation Plan; or (iii) Marco determines in its sole discretion that the Service Limitations would prohibit Xxxxx from efficiently and effectively providing the Products, Xxxxx may terminate the Agreement and this Product Agreement without liability. If Xxxxx terminates on the above basis, Client shall pay all fees incurred to the date of such termination. Xxxxx’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 Xxxxx’s prevailing rates.