TM 10-4320-318-24P
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 all 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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