Common use of Termination and Refund Clause in Contracts

Termination and Refund. If Relativity fails to cure a breach of the warranty provided in this Section, or fails to provide the Services as required under this Agreement, or determines that the cure or Services are impractical or unreasonable to provide in Relativity’s opinion (whether technically or economically), Client may terminate this Agreement in whole (or in part with respect to any Software product or Service which is the subject of the failure and for which there are separate fees under this Agreement). In such case, Relativity will promptly refund any fees paid by Client for the Software (or Software product or Service which is being terminated), in a prorated amount reflecting: (i) any portion of such fees reasonably allocable to any period of the Term when Client was not able to use, and did not use, the Software (or Software product or Service which is the subject of the failure and for which there are separate fees under this Agreement) due to the breach of the warranty under this Section; and (ii) any portion of such fees that Client pre-paid for any period of the Term following such early termination. This Section 4 contains the only liability and obligations of Relativity, and the only remedies of Client, for Relativity’s breach of the warranties in this Section 4 and/or failure to provide Services in accordance with this Agreement.

Termination and Refund. If Relativity fails to cure a breach of the warranty provided in this Section, or fails to provide the Services as required under this Agreement, or determines that the cure or Services are impractical or unreasonable to provide in Relativity’s opinion (whether technically or economically), Client may terminate this Agreement in whole (or in part with respect to any Software product or Service which is the subject of the failure and for which there are separate fees under this Agreement). In such case, Relativity will promptly refund any fees paid by Client for the Software (or Software product or Service which is being terminated), in a prorated amount reflecting: (i) any portion of such fees reasonably allocable to any period of the Term when Client was not able to use, and did not use, the Software (or Software product or Service which is the subject of the failure and for which there are separate fees under this Agreement) due to the breach of the warranty under this Section; and (ii) any portion of such fees that Client pre-paid for any period of the Term following such early termination. This Section 4 contains the only liability and obligations of Relativity, and the only remedies of Client, for Relativity’s 's breach of the warranties in this Section 4 and/or failure to provide Services in accordance with this Agreement.