Common use of Other errors Clause in Contracts

Other errors. 7.1 If Legato reasonably believes that a Supported EU's Problem reported by Reseller may not be due to a problem in the Software, Legato will so notify Reseller, who then may either: (i) instruct Legato to proceed with Problem determination at Reseller's possible expense, as further provided below; or (ii) advise Legato that Reseller does not wish the Problem pursued at its possible expense, in which case Legato may elect, at its sole discretion, to not pursue the Problem without liability therefore. 7.2 If Reseller requests that Legato proceed with Problem determination at Reseller's possible expense, and Legato subsequently determines that the error was not caused by a Problem in the Software, Reseller shall compensate Legato for all work performed in connection with such determination on a time and materials basis, plus reasonable related expenses incurred therewith, at Legato's then-current professional services time and materials rates. 7.3 Reseller shall not be liable for: 7.3.1 Legato's work on problem determination or repair associated with or resultant from Problem(s) in the Software; 7.3.2 Work performed by Legato, which was not authorized pursuant to Reseller's instruction, as provided in Section 7.1(i) above; 7.3.3 Work performed by Legato after receipt of Reseller's notice that it no longer wishes Legato to work, at Reseller's expense, on a problem that Legato previously identified as a problem that may not be caused by the Software. Reseller's notice will be effective as of the date such notice is actually received by Legato.

Other errors. 7.1 If Legato reasonably believes that a Supported EUan end-user's Problem reported by Reseller may not be due to a problem in the Software, Legato will so notify Reseller, who then may either: (i) instruct Legato to proceed with Problem determination at Reseller's possible expense, as further provided below; or (ii) advise Legato that Reseller does not wish the Problem pursued at its possible expense, in which case Legato may elect, at its sole discretion, to not pursue the Problem without liability therefore. 7.2 If Reseller requests that Legato proceed with Problem determination at Reseller's possible expense, and Legato subsequently determines that the error was not caused by a Problem in the Software, Reseller shall compensate Legato for all work performed in connection with such determination on a time and materials basis, plus reasonable related expenses incurred therewith, at Legato's then-current professional services time and materials rates. 7.3 Reseller shall not be liable for: 7.3.1 Legato's work on problem determination or repair associated with or resultant from Problem(s) in the Software; 7.3.2 Work performed by Legato, which was not authorized pursuant to Reseller's instruction, as provided in Section 7.1(i7.1 (i) above; 7.3.3 Work performed by Legato after receipt of Reseller's notice that it no longer wishes Legato to work, at Reseller's expense, on a problem that Legato previously identified as a problem that may not be caused by the Software. Reseller's notice will be effective as of the date such notice is actually received by Legato.