Common use of Remedial Efforts Clause in Contracts

Remedial Efforts. If Baleen breaches, or is alleged to have breached, any of the warranties set forth in Section 9(b), Baleen may, at its sole option, take any of the following steps to remedy such breach: i. Replace any damaged or defective media on which Baleen supplied the Software, as applicable; ii. Amend, supplement, or replace any incomplete or inaccurate Documentation; iii. Repair the Software; iv. Terminate this Agreement; and/or v. Replace the Software with functionally equivalent software (which software will, on its replacement of the Software, constitute Software hereunder). The remedies set forth in this Section 9(e) are Customer’s sole remedies and Baleen’s sole liability under the limited warranty set forth in Section 9(b).