Common use of SPECIFIC WARRANTIES Clause in Contracts

SPECIFIC WARRANTIES. (a) Orbitz represents and warrants that it has, and will continue to have during the Term, the right to license all Orbitz Software and sublicense the Datalex Software (if such is used to provide Hosting and Support Services) in accordance with this Agreement. (b) Orbitz represents and warrants that it will perform the Services in a good and workmanlike manner and, when applicable, in accordance with the Service Level Agreement. In case of breach of warranty, Orbitz will, as its sole and exclusive liability and as AA's sole and exclusive remedy, (i) correct or re-perform the defective Services or, at Orbitz's discretion, (ii) refund the fees actually paid to Orbitz for the defective Services. In the event Orbitz provides the Hosting and Support Services in breach of the above stated warranty, AA's sole and exclusive remedy and Orbitz's sole and exclusive liability will be the service level credits or termination as set forth in the Service Level Agreement.

Appears in 3 contracts

Sources: Development, License and Hosting Agreement (Orbitz Inc), Development, License and Hosting Agreement (Orbitz Inc), Development, License and Hosting Agreement (Orbitz Inc)