Common use of Breach of Warranties Clause in Contracts

Breach of Warranties. (a) In the event of any breach of any of the Warranties during any of the applicable Warranty Periods set forth in subsections 17.1(a), 17.2(a), 17.2(b), 17.2(c) and 17.3, the Vendor will, in accordance with the terms of this Section 17, promptly repair or replace the defective or nonconforming Product or otherwise cure any Defects and Deficiencies so that each PCS Sub-System and each PCS System and the System as a whole will perform in accordance with the Specifications and Exhibit F. If the Vendor fails to promptly repair, replace and/or cure such defect, the Owner may, in addition to exercising any other remedies available to it, itself cause such repair, replacement and/or cure, at its option and at the sole cost and expense of the Vendor. (b) The Vendor recognizes that the Owner may suffer injury and may be damaged in an amount which will be difficult to determine with certainty as a result of Outages resulting from causes attributable to the failure of the Vendor's Products and/or Services to perform in accordance with the Specifications. As used herein, "Outage" means an unscheduled loss of functionality of the System, any PCS System or any PCS Sub-System due to the failures of PCS Products or any combination thereof defined as the loss of the capability to originate or terminate [___________] percent or more of the active voice channels then in service within the System or such PCS System and/or PCS Sub-System for a period of time exceeding [_____] minutes.

Breach of Warranties. (a) In the event of any breach of any of the -------------------- Warranties during any of the applicable Warranty Periods set forth in subsections 17.1(a), 17.1(b), 17.2(a), 17.2(b), 17.2(c) and 17.3, the Vendor will, in accordance with the terms of this Section 17, promptly repair or replace the defective or nonconforming Product or otherwise cure any Defects and Deficiencies so that each PCS Sub-System and each PCS System and the System as a whole will perform in accordance with the Specifications and Exhibit F. If the Vendor fails to promptly repair, replace and/or cure such defect, the Owner may, in addition to exercising any other remedies available to it, itself cause such repair, replacement and/or cure, at its option and at the sole cost and expense of the Vendor. (b) The Vendor recognizes that the Owner may suffer injury and may be damaged in an amount which will be difficult to determine with certainty as a result of Outages resulting from causes attributable to the failure of the Vendor's Products and/or Services to perform in accordance with the Specifications. As used herein, "Outage" means an unscheduled loss of functionality of the System, any PCS System or any PCS Sub-System due to the failures of PCS Products or any combination thereof defined as the loss of the capability to originate or terminate [___________[ ] percent or more of the active voice channels then in service within the System or such PCS System and/or PCS Sub-System for a period of time exceeding [_____[ ] minutes.

Breach of Warranties. (a) In the event of any breach of any of the -------------------- Warranties during any of the applicable Warranty Periods set forth in subsections 17.1(a17.1, 17.2, 17.3(a), 17.2(a17.3(b), 17.2(b), 17.2(c17.3(c) and 17.317.4, the Vendor will, in accordance with the terms of this Section 17, promptly repair or replace the defective or nonconforming Product or otherwise cure any Defects and Deficiencies so that each PCS Sub-System and each PCS System and the System as a whole will perform in accordance with the Specifications and Exhibit F. If the Vendor fails to promptly repair, replace and/or cure such defect, the Owner may, in addition to exercising any other remedies available to it, itself cause such repair, replacement and/or cure, at its option and at the sole cost and expense of the Vendor. (b) The Vendor recognizes that the Owner may suffer injury and may be damaged in an amount which will be difficult to determine with certainty as a result of Outages resulting from causes attributable to the failure of the Vendor's Products and/or Services to perform in accordance with the Specifications. As used herein, "Outage" means an unscheduled loss of functionality of the System, any PCS System or any PCS Sub-System due to the failures of PCS Products or any combination thereof defined as the loss of the capability to originate or terminate [___________[ ] percent or more of the active voice channels then in service within the System or such PCS System and/or PCS Sub-System for a period of time exceeding [_____[ ] minutes.