Common use of Responsibility for Errors Clause in Contracts

Responsibility for Errors. Delays. ESS's sole responsibility to Vialta: 6.4.1 for errors or omissions in Services, other than errors or omissions attributable to ESS's gross negligence or willful misconduct, shall be to furnish correct information, payment and/or adjustment in the Services, at no additional cost or expense to Vialta; provided Vialta must advise ESS of any such error or omission of which it becomes aware. 6.4.2 for failure to deliver any Service because of Impracticability, shall be to make any portion of the Services which are not Impracticable available and/or to resume performing the Services which are or have become Impracticable as promptly as reasonably practicable.