Common use of Obligation to Re-Perform; Liabilities Clause in Contracts

Obligation to Re-Perform; Liabilities. In the event of any breach of this Agreement by the Service Provider with respect to the provision of any Services (with respect to which the Service Provider can reasonably be expected to re-perform in a commercially reasonable manner), the Service Provider shall promptly correct in all material respects such error, defect or breach or re-perform in all material respects such Services at the request of the Service Recipient and at the sole cost and expense of the Service Provider. Subject to Section 8.4, the remedy set forth in this Section 8.2 shall be the sole and exclusive remedy of the Service Recipient for any such breach of this Agreement by the Service Provider with respect to the provision of Services. Any request for re-performance in accordance with this Section 8.2 by the Service Recipient must be in writing and specify in reasonable detail the particular error, defect or breach, and such request must be made no more than thirty (30) days from the later of the date on which such breach occurred and the date on which such breach was reasonably discovered by the Service Recipient.

Appears in 2 contracts

Sources: Transition Services Agreement (Energizer Holdings Inc), Transition Services Agreement (Energizer SpinCo, Inc.)