TM 10-4320-315-24P
years after completion of the delivery of the line item of data (as identified in DD Form 1423) of which the data forms a
part; or any longer period specified in the contract.
c. The Contractor agrees to notify the Contracting Officer in writing immediately of any breach of the above warranty
which the Contractor discovers within the warranty period.
d. The following remedies shall apply to ail breaches of the above warranty provided that the Government notifies
the Contractor of the breach in writing within the warranty period.
(1) Within a reasonable time after the Contracting Officer notifies the Contractor of a breach of warranty, he may:
(i) by written notice, direct the Contractor to correct or replace at his expense the nonconforming technical
data promptly; or
(ii) if he determines that the Government no longer has a requirement for correction or replacement of the
data, or that the data can be more reasonably corrected by the Government, inform the Contractor by written notice that
the Government elects a price or fee adjustment in lieu of correction or replacement.
(2) If the Contractor refuses or fails to comply with a direction under (1)(i) above, the Contracting Officer may,
within a reasonable time of such refusal or failure:
(i) by contract or otherwise, correct or replace the nonconforming technical data and charge the Contractor
the cost occasioned to the Government thereby; or
(ii) elect a price or fee adjustment in lieu of correction or replacement.
(3) The remedies set forth in this clause represent the exclusive means by which the rights conferred on the
Government by this clause may be enforced.
f. The provisions of this clause apply anew to that portion of any technical data which is corrected or furnished in
replacement under (d)(1)(i) above.
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