Without limitation of [[Organization A:Organization]]’s obligations above, [[Bank of America:Organization]] 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 [[Organization A:Organization]] shall provide Maintenance Services at no charge, with respect to that version until [[Organization A:Organization]] provides a Correction.

At any time AT&T or an Employer may correct any error made under the Plan without prejudice to AT&T or any Employer. Neither AT&T nor any Employer shall be liable for any damages resulting from failure to timely allow any contribution to be made to the Plan or for any damages resulting from the correction of, or a delay in correcting, any error made under the Plan. In no event shall AT&T or any Employer be liable for consequential or incidental damages arising out of a failure to comply with the terms of the Plan.

​ shall use reasonable commercial efforts to correct or provide a usable work-around solution for any Critical Error or reproducible material error in the Software, within a reasonable period of time. ​ agrees, if feasible, to commence correction within twenty-four (24) hours after such error or malfunction is detected. If ​, in its discretion, requests written verification of an error or malfunction discovered by LICENSEE, LICENSEE shall promptly provide such verification, by email, fax, or overnight mail, setting forth in reasonable detail the respects in which the Software fails to perform. An error or malfunction shall be “material” if it represents a non-conformity with ​'s current published specifications for the Software that interferes with the usability of the Software. ​ is not obligated to fix errors that are not material. Upon request, LICENSEE shall provide ​ remote access to LICENSEE’s computer system for the purpose of remote diagnostics.

Generally Released Error Corrections and Updates. If Kx generally makes available any Error Corrections or Updates to the Licensed Software while ​ is receiving Maintenance Services, Kx will notify ​ of such Error Corrections and Updates by posting a message on the k4 listbox and will make the Error Corrections or Updates available to ​ without charge by download from the Kx Website.

Implementation of Error Corrections and Updates. ​ also agrees to implement within a reasonable time all Error Corrections and Updates provided by Kx under this OEM Agreement, provided that such Error Corrections and Updates do not materially adversely affect the version of the Licensed Software used by ​ for run-time operations.

“Financial Restatement” means that the Company is required to prepare an accounting restatement of the Company’s financial statements due to the Company’s material non-compliance with any financial reporting requirement under the federal securities laws (including any such correction that is material to the previously issued financial statements, or that would result in a material misstatement if the error were corrected in the current period or left uncorrected in the current period).

“Software” or “software” means any computer programming code (such as computer programs, procedures, rules or routines embodied in computer programs, databases and related computer files) consisting of instructions or statement in a form readable by individuals (source code) or machines (object code) and related documentation and supporting materials therefor, in any form or medium, including electronic media. Software includes any bug fixes, error-correction releases, updates, upgrades, enhancements, modifications, changes, new versions and replacements therefor.

​ 2. Correction of Document Deficiencies.

Erroneous Allocations. No Participant shall be entitled to any annual additions or other allocations to his or her Account in excess of those permitted under Section 5. If it is determined at any time that the administrator and/or Trustee have erred in accepting and allocating any contributions or forfeitures under this Plan, or in allocating investment adjustments, or in excluding or including any person as a Participant, then the administrator, in a uniform and nondiscriminatory manner, shall determine the manner in which such error shall be corrected, after taking into consideration Sections 3.6 and 3.7 and any revenue procedure or other notice published by the Internal Revenue Service regarding permissible correction methods, if applicable, and shall promptly advise the Trustee in writing of such error and of the method for correcting such error. The Accounts of any or all Participants may be revised, if necessary, in order to correct such error.

The term “restatement” shall mean the result of revising financial statements previously filed with the Securities and Exchange Commission to reflect the correction of an error. The term “intentional misconduct” shall be limited to conduct that the Human Resources & Compensation Committee or its delegate determines indicates an intentional violation of law, an intentional violation of the Company’s Business Conduct Guide (or any successor or replacement code of conduct for employees), or an intentional violation of a significant ethics or compliance policy of the Company, but shall not include good faith errors in judgment made by the [[Team Member:Person]].