Builder Warranties. Builder warrants that during an applicable subscription term (a) Builder will not materially decrease the overall security of the Services, (c) the Services will perform materially in accordance with the applicable Documentation, and (d) subject to the “Integration with Non-Builder Applications” section above, Builder will not materially decrease the overall functionality of the Services. For any breach of a warranty above, Customer’s exclusive remedies are those described in the “Termination” and “Refund or Payment upon Termination” sections below.
Builder Warranties. Notwithstanding anything to the contrary contained in this Section 4, in the event (i) any warranty item under Subparagraphs (c)(1) or (c)(2) requires repair, (ii) Landlord does not receive notice from Tenant of such warranty repair item within the one hundred eighty (180) day period set forth in Subparagraph (d) above, and (iii) such warranty item is or may reasonably be covered by an existing contractor's warranty, Landlord agrees to make a claim on behalf of Tenant and otherwise reasonably cooperate with Tenant in making a claim under such contractor's warranty; provided, however, that (i) Landlord shall incur no out of pocket expense for rendering such assistance to Tenant, and (ii) Landlord shall not be liable to Tenant if such claim is not in fact a covered claim or the contractor which gave the warranty fails to perform under its warranty.
