Common use of Remedies for Breach of Subscription Service Warranty Clause in Contracts

Remedies for Breach of Subscription Service Warranty. Customer’s sole and exclusive remedy under this Section 4.2 will be as set forth in this Section 4.2. Without prejudice to any other remedy, if the Defect persists in causing a material failure in Customer’s production instances of the Subscription Service to conform to the Product Overview and the Release Notes forty-five (45) days after written notice to ServiceNow of a warranty claim under this Section 4.2 (Warranties), then Customer shall be entitled, at its sole discretion, to the following: (i) ServiceNow will correct, work around and address any Defect as soon as reasonably possible upon becoming aware of it; and/or; (ii) Customer may treat this Agreement as terminated and receive from DXC a refund of any prepaid fees covering the remainder of the Subscription Term of any affected Subscription Service after the date of termination; and; in the event of an Extreme Failure: (iii) Expressly subject to the limitations or cap set forth in this Agreement, DXC shall (a) compensate Customer for direct damages incurred by Customer as a direct result of any Extreme Failure (as defined above); and (b) pay service credits in accordance with Section 3 of the Subscription Service Guide. For the avoidance of doubt, this Section 4.2(c)(iii) does not apply to Service Credits for events other than an Extreme Failure and for events occurring after the liability cap in this Agreement has been reached.