Limited Remedy. If a Product is non-conforming in that it does not meet the warranty pursuant to Section 8.2, Recipient’s sole and exclusive remedy is, at Supplier’s option, replacement or repair of the Product demonstrated to be non-conforming or refund of the Price paid. Claims of non-conformance must be made pursuant to Section 5.6. For the avoidance of doubt, this limited remedy shall control over the Quality Agreement for Products supplied under this Agreement.
Limited Remedy. If the Services or Deliverables do not meet the warranty as provided in Section 5.1, Tricentis will make commercially reasonable efforts to correct the nonconformity causing the warranty failure in the Services or Deliverables. For any breach of the warranty in Section 5.1, Customer’s exclusive remedy will be as described in this Section 5.3.
Limited Remedy. For greater certainty, the Parties agree that the compensation or damages to be received pursuant to this Article 8 is the sole remedy in compensation or damages of the party receiving such payment; provided however that nothing contained in this Article 8 or Section 9.1, including the payment of an amount under this Article 8 shall relieve or have the effect of relieving any Party in any way from liability for damages incurred or suffered by a Party as a result of a breach of this Agreement by a Party acting in bad faith with a clear intent and design to prevent the conditions precedent to this Agreement's completion from being satisfied. Nothing herein shall preclude a Party from seeking injunctive relief to restrain any breach or threatened breach of the covenants or agreements set forth in this Agreement or the Confidentiality Agreement or otherwise to obtain specific performance of any of such act, covenants or agreements, without the necessity of posting bond or security in connection therewith.
Limited Remedy. Customer’s exclusive remedy and Prodly’s sole obligation for its failure to meet the warranty in a(i) above will be for Prodly to provide a credit for the applicable month, as provided in the chart above (if this agreement is not renewed, then a refund), for the month; provided that Customer notifies Prodly of such breach within 30 days of the end of that month.
Limited Remedy. This Section 9 states Provider’s sole and exclusive liability, and Customer’s sole and exclusive remedy, for the actual or alleged infringement or misappropriation of any third party intellectual property right by the Platform or any other materials or information provided under this Agreement.
Limited Remedy. Each Related Client’s exclusive remedy for defective Services – upon ExED’s confirmation of the defect after receiving notice of a claimed defect from Related Client – is re-performance of the Services by ExED at ExED’s expense.
Limited Remedy. The rights to Service Level Credits above are Customer's sole and exclusive remedy for any failure by Okta to meet the Availability commitments related to providing the Auth0 Platform. The maximum total credit for failure to meet the Availability Service Level % for any given month will not exceed 50% of the Monthly Subscription Fees. Service Level Credits that would be available but for these limitations will not be carried forward to future months.
Limited Remedy. Subject to the exclusions set forth herein, if availability falls below the 99.5% threshold identified above, Ordering Activity shall accrue a credit of the percentage of the then current monthly service fee, in the amount described in the table below (each such credit is referred to as a “Service Credit”). Appian will issue Ordering Activity a credit (or by check/wire if credit occurs in final service month) which will be applied to the invoice in the month following the applicable event. Monthly cumulative availability less than 99.5% Service Credits (% of applicable monthly service fee) 30 minutes 5% 31 – 90 minutes 10% 91 – 150 minutes 20% 151 – 210 minutes 30% 211 – 270 minutes 55% Greater than 270 minutes 100% Ordering Activity must request Service Credits, in writing, within thirty (30) calendar days after the unavailability. Service Credits are accumulated monthly with the monthly cumulative unavailability being reset to zero minutes at the beginning of each calendar month. Service Credits represent Ordering Activity’s exclusive remedy and Appian’s sole responsibility in connection with unavailability.
Limited Remedy. If Goods are defective or dysfunctional, Oxford Nanopore will provide replacement Goods with no additional payment or delivery charges required, provided, that the no replacement Goods will be provided for Goods that have been misused, mishandled, neglected, or stored improperly or otherwise used in ways contrary to the Documentation or this Contract.
Limited Remedy. In the event that the Service Provider materially fails to perform any Service in breach of this Agreement (including any Services Agreement), then at the Service Recipient’s request, the Service Provider shall use commercially reasonable efforts to re-perform such Service as soon as reasonably practicable, with the same degree of care used in correcting a failure of a similar service for itself, at no cost to the Service Recipient; provided that if the Service Provider is utilizing a third party vendor to provide services, such third party vendor shall not be subject to the re-performance requirements of this Section 6.1(a). The Service Provider shall have no obligation to recreate any lost or destroyed data, but will provide such data to Service Recipient to the extent the same is re-created through such re-performance of Services. To the maximum extent permitted by law, (i) the foregoing in this Section 6.1(a) sets forth the Service Recipient’s sole and exclusive remedy, and the Service Provider’s sole and exclusive liability and obligation, with respect to the performance (or nonperformance) of Services under any Services Agreement, except (1) to the extent any such failure to perform results from the gross negligence or willful misconduct of a Party or its Related Parties, and (2) for such specific performance or other equitable remedy that may be awarded by a court of competent jurisdiction; and (ii) the Service Provider’s obligations under this Section 6.1(a) are expressly subject to the liability cap set forth in Section 6.4.
