System Defect. Notwithstanding any conflicting terms of this Section 10, and without limiting the rights of the AOC under Section 9.3, Section 9.4, and Section 9.5, the AOC shall have the right to withhold payment with respect to any Project (or otherwise) based on any activities performed by Contractor that materially degrades the performance or renders unusable the ERP System by the AOC or one or more Courts in each case as determined by the AOC (“System Defect”). The AOC’s right to exercise the foregoing shall continue until (i) such System Defect has been remedied by Contractor and/or (ii) the AOC’s Acceptance of the relevant Services or Deliverables performed which gave rise to such System Defect.
Appears in 3 contracts
Sources: Master Services Agreement, Master Services Agreement, Master Services Agreement