SYSTEM WARRANTIES a) Contractor represents and warrants that the System shall conform to the terms and conditions of this Contract and the Specifications, and be free from defects in material and workmanship upon the Acceptance Date of the System by the Department and for a minimum period through the Warranty Period.
SYSTEM WARRANTIES. If the customer is purchasing an integrated software system, it should seek a warranty that the system as a whole will conform to the applicable specifications and service levels. If there are multiple vendors supplying components, the parties may need to carefully negotiate the allocations of responsibilities. The customer may desire to have one vendor responsible for integration and ultimate performance of the system, perhaps through a prime/subcontractor structure.
SYSTEM WARRANTIES a. Contractor represents and warrants that the System shall conform to this Contract, the Specifications, Performance Criteria, Documentation and as applicable, the SOW and that it shall be free from defects in material and workmanship upon the Acceptance Date of the System and through the Warranty Period, unless the Contract is Terminated earlier.
SYSTEM WARRANTIES. Contractor represents and warrants that the System shall conform to the terms and conditions of this Contract and the Specifications, and be free from defects in material and workmanship upon the Acceptance Date of the System by the Department and for a minimum period through the Warranty Period. Additionally, during the Warranty Period for the System, Contractor shall modify, adjust, repair and/or replace such Deliverable(s), at no charge to Department, as necessary to maintain ongoing System reliability according to Section 11. If the ongoing Performance of Contractor’s maintenance and support of the System or the performance of the System do not conform to Section 11, DAS or the Department shall give Contractor written notice of performance deficiencies. Contractor shall then have not more than a thirty (30) calendar day period, unless otherwise permitted by the Department, to correct the applicable deficiency and restore the functioning of the System to a level of operation that meets the requirements of this Contract. In the event of a material default by the Contractor under the subsection above, in addition to any other rights or remedies provided in this Contract, DAS may, by written notice to Contractor, terminate this Contract. In event of such termination, if the material default is such that the System cannot conform to the requirements of Section 11, the Contractor shall reimburse the Department all monies paid by Department to Contractor in connection with Exhibit 2 or Statement of Work, whichever is applicable.
SYSTEM WARRANTIES. With respect to the Member Systems licensed by each Member hereunder, the Member licensing the particular system ("Licensor") hereby warrants and represents to the LLC as follows:
SYSTEM WARRANTIES. (a) The Supplier undertakes, warrants and represents to XL that:
SYSTEM WARRANTIES. A. EXCEPT AS OTHERWISE SPECIFICALLY SET FORTH IN THE REPRESENTATIONS, ------ WARRANTIES, COVENANTS AND CONDITIONS OF THIS AGREEMENT, FTV MAKES NO WARRANTY TO XXX OR ANY OTHER PERSON OR ENTITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, AS TO THE INSTALLATION, DESCRIPTION, QUALITY, MERCHANTABILITY, COMPLETENESS OR FITNESS FOR ANY PURPOSE OF ANY FIBERS OR ANY SERVICE PROVIDED HEREUNDER OR DESCRIBED HEREIN, OR AS TO ANY OTHER MATTER, ALL OF WHICH WARRANTIES ARE HEREBY EXCLUDED AND DISCLAIMED.
SYSTEM WARRANTIES. 14.1. Beginning on the Effective Date, and ending twelve months thereafter, EBS shall warrant that the IRU Fibers shall comply with all applicable specifications set forth in this Agreement. If, within such warranty period, Customer discovers that the IRU Fibers do not so comply, Customer shall provide written notice of such fact to EBS, and within fifteen (15) days of receipt of written notice of such defect, EBS shall inspect such IRU Fibers and promptly thereafter, at no cost to Customer, correct any such defect or notify Customer of EBS' disagreement as to any defects recited in Customer's notice. EXCEPT AS OTHERWISE SPECIFICALLY SET FORTH IN THIS SECTION OR THE REPRESENTATIONS, WARRANTIES, COVENANTS AND CONDITIONS OF THIS AGREEMENT, EBS MAKES NO WARRANTY TO CUSTOMER OR ANY OTHER PERSON OR ENTITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, AS TO THE INSTALLATION, DESCRIPTION, QUALITY, MERCHANTABILITY, COMPLETENESS OR FITNESS FOR ANY PURPOSE OF THE CABLE OR ANY FIBERS OR ANY SERVICE OR FACILITY PROVIDED HEREUNDER OR DESCRIBED HEREIN, OR AS TO ANY OTHER MATTER, ALL OF WHICH WARRANTIES ARE HEREBY EXCLUDED AND DISCLAIMED.
SYSTEM WARRANTIES. Non-Infringement Warranty. MPOWER represents and warrants that as of the Effective Date the MPOWER Release's performance under this Agreement does not, and will continue not to, infringe, or constitute an infringement or misappropriation of, the intellectual property rights of any third party.
SYSTEM WARRANTIES. In procuring and obtaining System Materials pursuant to Section 7.5, CUSTOMER shall assign to PG&E, or enforce on behalf of PG&E and at PG&E's direction, any and all warranties regarding the System Materials that it obtains from the vendors and suppliers thereof. Following any such assignment, PG&E shall administer all such warranties for the benefit of PG&E and CUSTOMER. CUSTOMER shall administer the manufacturers and other warranties with respect to the CUSTOMER System Electronics and Equipment Stations both before and after the issuance by PG&E of an Acceptance of Construction associated with such System Segment.
