Common use of Bugs Clause in Contracts

Bugs. Section 4.13(t) of the Disclosure Schedule sets forth the Company’s, Pearl’s and each Subsidiary of Pearl’s current (as of the Agreement Date) list of known bugs maintained by its development or quality control groups with respect to any of the Company Products and Company Owned Intellectual Property. The Company, Pearl and each Subsidiary of Pearl has and enforces a policy to document all known bugs, errors and defects in the Company Products, and such documentation is retained and is available internally at the Company and has been made available to Buyer. There are no bugs, errors or defects in the Company Products that do, or may reasonably be expected to, adversely affect the value, functionality or fitness of the intended purpose of such Company Product or that would reasonably be expected to adversely affect the Company’s, Pearl’s or any Subsidiary of Pearl’s ability to perform any of its contractual obligations; nor, in the five (5) years prior to the Agreement Date, has there been any, and there are presently no, claims asserted against the Company, Pearl or any Subsidiary of Pearl or any of their respective customers or distributors related to the Company Products or any Company Owned Intellectual Property; and neither the Company, Pearl nor any Subsidiary of Pearl has been or is required to recall any Company Products.

Appears in 2 contracts

Sources: Membership Interest Purchase Agreement (CarGurus, Inc.), Membership Interest Purchase Agreement (CarGurus, Inc.)