If at any time after ninety (90) days either Corniche or CornicheNet stops performing in accordance with the written specification, or in the event of a defect which causes the software not to function as documented and if Megasol is not able to eliminate such defect within sixty (60) days, then provided that LICENSEE's account with Megasol is fully paid up, LICENSEE has the option to cancel the ASP hosting agreement at no further cost and receive one (1) copy of the final backup of the database.