Common use of THIRD PARTY WARRANTIES AND LICENSES Clause in Contracts

THIRD PARTY WARRANTIES AND LICENSES. Artist shall procure, on City’s behalf, all licenses and maintenance agreements from third party software developers or providers used in the Artwork and referred to as “Third Party Software” and required to operate or display the Artwork, in a form transferable to City and acceptable to City. Artist shall transfer the license and maintenance agreements for the Third Party Software to City upon City’s acceptance of the Artwork. Artist shall obtain from all suppliers of the equipment and the Third Party Software used to design, fabricate and install the Artwork, all standard guarantees and warranties normally provided on all machinery, equipment, services, materials, supplies and other items used in connection with the Artwork, including all such machinery, equipment, materials and other items which are incorporated into the Artwork. Artist shall obtain from each such supplier guarantees and warranties which are assignable to City and shall, upon request of City, obtain an option for City to purchase a guarantee or warranty from such suppliers covering a longer period than a one year warranty period if commercially available at City’s expense. Artist shall enforce all guarantees and warranties until such time as such guarantees or warranties expire or are, if applicable, transferred to City as contemplated by this Section. Such guarantees and warranties shall, to the extent they have been made assignable, be transferred to City upon acceptance of the Artwork. Artist shall deliver to City copies of all such guarantees and warranties and relevant extracts from all related technical specifications. Nothing in this Section shall reduce the obligation of Artist to provide the City with the guarantees and warranties described in this Agreement, and to comply with the provisions of this Agreement.

THIRD PARTY WARRANTIES AND LICENSES. Artist shall procure, on CityVTA’s behalf, all licenses and maintenance agreements from third party software developers or providers used in the Artwork and referred to as “Third Party Software” and required to operate or display the Artwork, in a form transferable to City VTA and acceptable to CityVTA. Artist shall transfer the license and maintenance agreements for the Third Party Software to City VTA upon CityVTA’s acceptance of the Artwork. Artist shall obtain from all suppliers of the equipment and the Third Party Software used to design, fabricate and install the Artwork, all standard guarantees and warranties normally provided on all machinery, equipment, services, materials, supplies and other items used in connection with the Artwork, including all such machinery, equipment, materials and other items which are incorporated into the Artwork. Artist shall obtain from each such supplier guarantees and warranties which are assignable to City VTA and shall, upon request of VTA and/or City, obtain an option for City VTA to purchase a guarantee or warranty from such suppliers covering a longer period than a one year warranty period if commercially available at CityVTA’s expense. Artist shall enforce all guarantees and warranties until such time as such guarantees or warranties expire or are, if applicable, transferred to City VTA as contemplated by this Section. Such guarantees and warranties shall, to the extent they have been made assignable, be transferred to City VTA upon acceptance of the Artwork. Artist shall deliver to City VTA copies of all such guarantees and warranties and relevant extracts from all related technical specifications. Nothing in this Section shall reduce the obligation of Artist to provide the City VTA with the guarantees and warranties described in this Agreement, and to comply with the provisions of this Agreement.