Error Correction Services. If IT&S or a Provider suspects that an error is preventing provision of any of the Services or that the Services are not being provided in compliance with HealthStream's obligations under this Agreement, IT&S or a Provider shall notify HealthStream of the suspected error or deficiency and HealthStream shall use commercially reasonable efforts to confirm such suspected error or deficiency and to correct such within a reasonable length of time. If the existence of an error or other deficiency cannot be confirmed by HealthStream, then HealthStream and IT&S shall collaborate to identify such error or deficiency. If the existence of an error is confirmed by HealthStream, HealthStream shall correct it as part of Support Services, but only to the extent that the obligation to correct such error shall be in conformity with Sections 6 (Warranty) and 12.6 (Force Majeure) of this Agreement. However, provided that, HealthStream is obligated to correct any defects addressed in items (a) through (e) of Section 6.1.6 regardless of whether HealthStream had knowledge of such defects. If the existence of a suspected error is determined to exist because of any condition attributable to IT&S or a Provider, IT&S agrees to pay HealthStream for its error confirmation and remedial services at HealthStream's prevailing hourly rate for HealthStream's personnel time, plus reimbursement for reasonable travel and living expenses incurred by HealthStream personnel in connection with such service. Any invoice for such expenses shall be supported by receipts. HealthStream will not initiate any remedial services for which IT&S is obligated to pay HealthStream until IT&S agrees to the scope and cost of such services.
Appears in 1 contract
Sources: Education Services Provider Agreement (Healthstream Inc)
Error Correction Services. If IT&S Client or a Provider an Authorized User suspects that an error is preventing provision of any of the Administrative Services or that the Services are not being provided in compliance with HealthStream's obligations under this AgreementLearning Services, IT&S Client or a Provider an Authorized User shall notify HealthStream of the suspected error or deficiency and HealthStream shall use commercially reasonable efforts to confirm such suspected error or deficiency and to correct such within a reasonable length of time. If the existence of an error or other deficiency cannot be confirmed by HealthStream, then HealthStream and IT&S shall collaborate to identify such error or deficiencyerror. If the existence of an error is confirmed by HealthStream, HealthStream shall correct it as part of Support Services, but only to the extent that the obligation to correct such error shall be in conformity with Sections 6 (Warranty) and 12.6 (Force Majeure) of this Agreement. ; However, provided that, HealthStream is obligated to correct any defects addressed in items (a) through (e) of Section 6.1.6 regardless of whether HealthStream had knowledge of such defects. If the existence of a suspected error is determined to exist cannot be confirmed by HealthStream or should HealthStream ultimately determine that an error exists because of any condition not attributable to IT&S or a ProviderHealthStream, IT&S Client agrees to pay HealthStream for its error confirmation and remedial services at HealthStream's prevailing hourly rate for HealthStream's personnel time, plus reimbursement for reasonable travel and living expenses incurred by HealthStream personnel in connection with such service. Any invoice for such expenses shall be supported by receipts. HealthStream will not initiate any remedial services for which IT&S Client is obligated to pay HealthStream until IT&S Client agrees to the scope and cost such of such services.
Appears in 1 contract
Sources: Online Education Services Provider Agreement (Healthstream Inc)