Performance Remedy. In the event that Industries fails to provide a Service hereunder, or the quality of a Service is not in accordance with Section 1.1 or Section 1.5, Micro may give Industries prompt written notice thereof. Industries will then have thirty days to cure the defective Service. If after such period Industries has failed to cure the defective Service, Micro may seek an alternative provider for such Service and Industries shall discontinue performing such Service at the written request of Micro. Micro shall be liable to Industries for any Service performed by Industries after Industries has been given written notice of termination of such Service pursuant to this Section 1.6, except for any out-of-pocket costs incurred by Industries in connection with the cessation of such Services or the transfer of such Services back to Micro or its designees. Except as otherwise expressly provided in Article 2, the provisions of this Section 1.6 will provide the exclusive remedy for any misrepresentation, breach of warranty, covenant or other agreement or other claim arising out of this Agreement or the Services to be performed hereunder.
Appears in 2 contracts
Sources: Master Services Agreement (Ingram Micro Inc), Master Services Agreement (Ingram Micro Inc)