Common use of Without limiting Supplier Clause in Contracts

Without limiting Supplier. s obligations under this Section, if Supplier does not deliver a Correction for an Error within the times allowed by this Section (whether Supplier has delivered a reasonable workaround or not), Supplier shall provide a written analysis of the problem and a written plan to supply Bank of America with a Correction. PRODUCTION ERRORS Notwithstanding the previous Section, “Error Correction,” if an Error prevents Bank of America from making productive use of the Software, Supplier shall use its best efforts to provide an effective workaround or a Correction by the time Bank of America opens for business on the Business Day after the Business Day on which Bank of America first reports the Error. REMEDIES A. Without limitation of Supplier’s obligations above, Bank of America may fall back, at its option, to any previous version or release of the Software in which a Class 1 or Class 2 Error does not occur or can be worked around, and Supplier shall provide Maintenance Services at no charge, with respect to that version until Supplier provides a Correction. DIAGNOSTIC INFORMATION Bank of America shall submit to Supplier a listing of output and such other data as Supplier reasonably may request in order to reproduce operating conditions similar to those present when Bank of America detected the Error. BANK OF AMERICA MODIFIED SOFTWARE If Bank of America modifies the Software under the terms hereof, any additional maintenance costs or expenses to Supplier which result directly from such modification may be billed to Bank of America at the Time and Materials Rates.

Appears in 2 contracts

Sources: Software License, Customization and Maintenance Agreement (Cardlytics, Inc.), Software License, Customization and Maintenance Agreement (Cardlytics, Inc.)