Common use of SYSTEM WARRANTIES Clause in Contracts

SYSTEM WARRANTIES. A. EXCEPT AS OTHERWISE SPECIFICALLY SET FORTH IN THE REPRESENTATIONS, ------ WARRANTIES, COVENANTS AND CONDITIONS OF THIS AGREEMENT, FTV MAKES NO WARRANTY TO ▇▇▇ 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. B. In procuring and obtaining materials for the Installation of the Cable, FTV shall use reasonable efforts to obtain from the vendors and suppliers thereof, for the mutual benefit of ▇▇▇ and FTV, warranties that such materials are: (1) of the kind and quality described in the purchase order or supply contract; (2) free of defects in workmanship, material, design and title; (3) of good and merchantable quality; and (4) where appropriate, fit for their intended purpose. In addition, FTV shall attempt to obtain standard warranty periods for all System materials, and shall use reasonable efforts to obtain longer warranty periods, if such extended warranties do not materially increase the cost of such materials. ELI's and FTV's sole obligation and liability to each other with respect to the System materials warranties shall be to administer such warranties. In no event shall either ▇▇▇ or FTV be deemed to have guaranteed any such warranties provided by vendors or suppliers. C. In the event any maintenance or repairs to the System are required as a result of a breach of any warranty made by any manufacturer, contractor or vendor, FTV shall pursue any remedies it may have against such manufacturer, contractor or vendor, and FTV shall reimburse ▇▇▇ for any maintenance costs that ▇▇▇ has incurred as a result of any such breach of warranty to the extent the manufacturer, contractor or vendor has paid such costs; provided that: (1) FTV -------- shall be entitled to reduce such amount by legal and collection costs incurred; and (2) FTV shall have the right to prorate such payment among itself and other parties, based on IRU or fiber ownership.

SYSTEM WARRANTIES. A. 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, FTV 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. B. 14.2. Customer's sole and exclusive remedy for breach of the foregoing warranty shall be repair and replacement, at EBS' expense, of the portion of the IRU Fibers found to be defective. In no event shall EBS be liable to Customer for any indirect, exemplary, special or consequential damages, including but not limited to lost profits or the cost of providing or obtaining alternative service. 14.3. In procuring and obtaining materials for the Installation installation of the CableSystem, FTV shall use EBS has used reasonable efforts to obtain from the vendors and suppliers thereof, for the mutual benefit of ▇▇▇ Customer and FTVEBS, warranties that such materials are: (1a) of the kind and quality described in the purchase order or supply contract; (2b) free of defects in workmanship, material, design and title; (3c) of good and merchantable quality; and (4d) where appropriate, fit for their intended purpose. In addition, FTV shall attempt EBS has attempted to obtain standard warranty periods for all System materials, and shall use reasonable efforts to obtain longer warranty periods, if such extended warranties do not materially increase the cost of such materials. ELI's and FTV's sole obligation and liability to each other with respect to the System materials warranties shall be to administer such warranties. In no event shall either ▇▇▇ or FTV EBS be deemed to have guaranteed to procure any such warranties provided by or to guarantee such warranties as were procured from vendors or suppliers. Without in any way limiting Section 14.1 above, or this Section 14.2, to the extent that any manufacturer's warranties can be lawfully assigned or otherwise made available to Customer, EBS will (provided it is without detriment to EBS' rights under or with -------- respect to such warranties) cooperate and assist Customer, at Customer's sole cost and expense, with respect to any claim that Customer may assert against the manufacturer under such warranties, including such reasonable actions as may be necessary to assign or otherwise make available to Customer the right to make such claims. C. 14.4. In the event any maintenance or repairs to the System are required as a result of a breach of any warranty made by any manufacturer, contractor or vendor, FTV EBS shall pursue any remedies it may have against such manufacturer, contractor or vendor, and FTV EBS shall reimburse ▇▇▇ Customer for any maintenance or repair costs that ▇▇▇ Customer has incurred as a result of any such breach of warranty to the extent the manufacturer, contractor or vendor has paid such costs; provided that: (1a) FTV -------- EBS shall be entitled to reduce such amount recovered from the manufacturer, contractor or vendor -------- by legal and collection costs incurred; and (2b) FTV EBS shall have the right to prorate such payment amount so recovered (as so reduced) among Customer, itself and other parties, based on IRU or fiber ownership.