Common use of Use Verification Clause in Contracts

Use Verification. | Cutover may remotely review Customer’s use of the Subscription Service and, on Cutover’s written request, Customer will provide reasonable assistance to verify Customer’s and its Users’ compliance with the terms of this Agreement. If Cutover determines that Customer has exceeded its purchased Subscription Limits or other access and use rights, Cutover will notify Customer and within ten (10) days of a notice to do so, Customer shall either: (i) disable any unpermitted use, or (ii) purchase additional Subscription Limits or other add-ons to the Cutover Services commensurate with Customer’s actual use. If Customer fails to comply within the stated timeframe, Cutover shall be entitled to immediately disable the unpermitted use over and above the purchased Subscription Limits or other access and use rights, and shall have no liability to Customer under this Agreement or otherwise for such actions. Disablement will occur on the basis of “last in, first out” in terms of the removal of User logins, runbooks, workspaces and other Subscription Limits, access and use rights.