Common use of Correction of Material Defects Clause in Contracts

Correction of Material Defects. In addition to InterTrust's own ------------------------------ ongoing quality assurance efforts, InterTrust shall use reasonable prompt efforts in accordance with reasonable U.S. software industry practices, at InterTrust's expense and subject to InterTrust's standard support policies as relevant, to correct Material Defects, or otherwise reasonably adjust InterTrust Technology to mitigate Material Defects, identified by SSG to InterTrust in a writing describing the alleged Material Defects in detail. InterTrust shall have no obligation to: (i) investigate or correct any Material Defects at any site other than an InterTrust facility, except that InterTrust will visit SSG's facilities as may be required in the reasonable judgment of both InterTrust and SSG to investigate Material Defects that severely and critically degrade operation of InterTrust Technology and cannot otherwise be diagnosed by SSG; (ii) communicate on the subject of Material Defects with any Person other than SSG; or (iii) correct any Material Defects that have been properly identified by SSG but that cannot be reliably reproduced. Notwithstanding the foregoing, SSG shall reimburse InterTrust for all actual and reasonable travel, living and out-of-pocket expenses incurred by InterTrust's personnel (based on SSG's standard policies and procedures for reimbursement of its independent contractors and its own employees) for any site visit referenced in this Section 3.3(b) after the second such site visit per calendar year.

Appears in 3 contracts

Sources: Technology Development and License Agreement (Intertrust Technologies Corp), Technology Development and License Agreement (Intertrust Technologies Corp), Technology Development and License Agreement (Intertrust Technologies Corp)