Common use of L imitation of Liability Clause in Contracts

L imitation of Liability. THE MAXIMUM AGGREGATE Professional Services will be performed in a professional and workmanlike manner consistent with generally accepted industry standards. Customer shall notify PROS of any breach of such warranty within 90 days of the performance of the deficient Professional Services. Customer’s sole and exclusive remedy will be for PROS to promptly re-perform deficient Professional Services at no additional charge to Customer, provided however that if PROS fails to provide such remedy after using commercially reasonable efforts, Customer may exercise its rights provided herein for breach of contract, including, but not limited to, termination pursuant to Section 10.2.

Appears in 2 contracts

Sources: Master Subscription and Professional Services Agreement, Master Subscription and Professional Services Agreement

L imitation of Liability. THE MAXIMUM AGGREGATE The maximum aggregate Professional Services will be performed in a professional and workmanlike manner consistent with generally accepted industry standards. Customer shall notify PROS of any breach of such warranty within 90 days of the performance of the deficient Professional Services. Customer’s sole and exclusive remedy will be for PROS to promptly re-perform deficient Professional Services at no additional charge to Customer, provided however that if PROS fails to provide such remedy after using commercially at the end of an additional time period of a reasonable effortslength set in writing by Customer, Customer may exercise its rights provided herein for breach of contract, including, but not limited to, termination pursuant to Section 10.2.

Appears in 1 contract

Sources: Master Subscription and Professional Services Agreement