Effect of Breach of Warranty. If, at any time during the term of this Contract, software or the results of Contractor’s work fail to perform according to any warranty of Contractor under this Contract, the State shall promptly notify Contractor in writing of such alleged nonconformance, and Contractor shall, at its own expense and without limiting any other rights or remedies of the State hereunder, re-perform or replace any services that the State has determined to be unsatisfactory in its reasonable discretion. Alternatively, with State consent, the Contractor may refund of all amounts paid by State for the nonconforming deliverable or service
Appears in 25 contracts
Samples: Agreement, Standard Contract for Technology Services, Business Associate Agreement
Effect of Breach of Warranty. If, at any time during the term of this Contract, software or the results of Contractor’s work fail to perform according to any warranty of Contractor under this Contract, the State shall promptly notify Contractor in writing of such alleged nonconformance, and Contractor shall, at its own expense and without limiting any other rights or remedies of the State hereunder, re-re- perform or replace any services that the State has determined to be unsatisfactory in its reasonable discretion. Alternatively, with State consent, the Contractor may refund of all amounts paid by State for the nonconforming deliverable or service
Appears in 1 contract
Samples: Business Associate Agreement
Effect of Breach of Warranty. If, at any time during the term of this Contract, software or the results of Contractor’s work fail to perform according to any warranty of Contractor under this Contract, the State shall promptly notify Contractor in writing of such alleged nonconformance, and Contractor shall, at its own expense and without limiting any other rights or remedies of the State hereunder, re-perform or replace any services that the State has determined to be unsatisfactory are materially in its reasonable discretionbreach. Alternatively, with State consent, the Contractor may refund of all amounts paid by State for the nonconforming portion of the deliverable or service.
Appears in 1 contract
Samples: Business Associate Agreement