Common use of Performance Remedy Clause in Contracts

Performance Remedy. If Subscription Services fail to conform to the warranty set forth in Section 11.5(a) notice from Customer, Customer may terminate the applicable Subscription Services, and BSM will refund to Customer a pro-rata amount of any Subscription Services fees prepaid to BSM and applicable to the unutilized portion of the Subscription Term for the terminated Subscription Services.

Appears in 2 contracts

Sources: Master Software Subscription Agreement, Master Software Subscription Agreement