Common use of Warranty Remedy Clause in Contracts

Warranty Remedy. 9.1. In the event of a breach by CA of the above Warranty section, Customer’s remedy, at CA’s discretion and in consultation with Customer, shall be to re-perform the Services and/or Education at no additional charge to Customer or to refund the applicable fees paid to Customer (or CA Partner), which correspond to the Services, applicable Deliverable or Education. These remedies are contingent upon the following: (i) that the Deliverable has not been modified by Customer; and (ii) that the alleged breach did not result from Customer’s failure to abide by its obligations defined in the applicable Transaction Document or for its failure to follow the Services Documentation. To the maximum extent permitted by applicable law, the above warranty remedies are CA’s sole obligation and Customer’s sole and exclusive remedy for breach of the above warranty.