Common use of Performance Certification Clause in Contracts

Performance Certification. Provided always that the Broadband Access Reliance Network is operated and maintained (including all necessary repairs, replacements and other services as paid for by Reliance pursuant to the Broadband Access Services Contract and Technical Support Services) to the standard required under the relevant Documents, Vendor warrants that the Work shall, at all times during the Product Warranty Period and during the first [***] that the Technical Support Services is in effect (provided, however, that if Reliance terminates the Technical Support Services for cause prior to the expiration of such [***] period, then the Vendor’s obligations under this Section shall nevertheless continue for the remaining balance of such [***] period ), comply and perform in accordance with the Specifications (the “Performance Warranty”). In the event of any breach of the Performance Warranty attributable to the Work not being performed in accordance with the Documents during the Product Warranty Period, or because of Vendor’s failure to comply with its obligations under the Broadband Access Services Contract and Technical Support Services(an “Attributable Breach”), Vendor shall provide, at no cost to Reliance, all Products, Features, Services and other items of Work necessary such that the Broadband Access Reliance Network complies and performs in accordance with the Specifications.

Appears in 2 contracts

Sources: Broadband Access Network General Terms and Conditions (Utstarcom Inc), Broadband Access Network General Terms and Conditions (Utstarcom Inc)