Common use of Warranty Remedy Clause in Contracts

Warranty Remedy. 11.1. If it is established that ConnectWise has breached the above warranty, ConnectWise may, at its option, (i) use reasonable efforts to cure the defect in the SaaS; (ii) replace the SaaS with SaaS that materially conforms to the specifications in the Documentation; (iii) in the event ConnectWise cannot, after commercially practicable attempts to do so, achieve the remedies in (i) or (ii), ConnectWise may terminate the subscription to the SaaS and provide a refund of pre-paid, unused fees calculated against the remainder of the Subscription Term as of the effective date of such termination. Client must report the alleged breach of warranty with reasonable specificity in writing within thirty (30) days of its occurrence to benefit from this warranty and the remedies stated herein. The above warranty remedies are ConnectWise’s sole obligation and Client’s sole and exclusive remedy for breach of the above warranty.

Appears in 6 contracts

Samples: Agreement, Agreement, Agreement

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Warranty Remedy. 11.11. If it is established that ConnectWise Contuit has breached the above warranty, ConnectWise Contuit may, at its option, (i) use reasonable efforts to cure the defect in the SaaS; (ii) replace the SaaS with SaaS that materially conforms to the specifications in the Documentation; (iii) in the event ConnectWise Contuit cannot, after commercially practicable attempts to do so, achieve the remedies in (i) or (ii), ConnectWise Contuit may terminate the subscription to the SaaS and provide a refund of pre-paid, unused fees calculated against the remainder of the Subscription Term as of the effective date of such termination. Client must report the alleged breach of warranty with reasonable specificity in writing within thirty (30) days of its occurrence to benefit from this warranty and the remedies stated herein. The above warranty remedies are ConnectWiseContuit’s sole obligation and Client’s sole and exclusive remedy for breach of the above warranty.

Appears in 1 contract

Samples: Master Agreement

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