Year 2000 Disclaimer. Equifax recognizes that it is responsible for the resolution of any Year 2000 problem that is the result of software, systems, equipment or other items or materials made available to PwCES to provide the Services. Except as expressly provided in this Agreement or in a Change Order, PwCES is not providing any Year 2000 services (for example, Year 2000 assessment, conversion or testing) under this Agreement. PwCES shall not be responsible for a failure to perform the Services under this Agreement, if such failure is the result, directly or indirectly, of (i) the inability of any products (for example, hardware, software or firmware) other than the PwCES Products ("Other Products") to correctly process, provide or receive date data (i.e., representations for month, day and year) and to properly exchange date data with the PwCES Products or deliverables provided by PwCES under this Agreement or (ii) modifications made by Equifax, its employees or any third party (excluding any PwCES employees, agents or contractors) to any PwCES Products or such deliverables. PwCES assumes no responsibilities or obligations to cause products or deliverables provided by PwCES to accurately exchange date data with Other Products or to cause Other Products to accurately exchange date data with products or deliverables provided by PwCES; unless, such Other Products can properly exchange accurate date data with products or deliverables provided by PwCES under this Agreement. If Equifax requests PwCES to undertake to remedy any such problem, such an undertaking shall be an Additional Service, subject to a Change Order.
Year 2000 Disclaimer. Landlord hereby disclaims any liability for any and all damages, injuries or other losses, whether ordinary, special, consequential, punitive or otherwise, arising out of, relating to, or in connection with, (a) the failure of any automated, computerized and/or software system or other technology used in, on, or about the Property or relating to the management or operation of the Property to accurately receive, provide or 21 process date/time data (including, but not limited to, calculating, comparing and sequencing) both before and after September 9, 1999, and before, after, during and between the years 1999 A. D. and 2000 A. D., and leap year calculations and, or (b) the malfunction, ceasing to function or providing of invalid or incorrect results by any such technology as a result of date/time data. The foregoing disclaimer shall apply to any such technology used in, on, or about the Property or that affects the Property, whether or not such technology is within the control of Owner or any of Owner's agents or representatives. THE FOREGOING DISCLAIMER INCLUDES A DISCLAIMER OF ALL WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, WITH RESPECT TO THE MATTERS DESCRIBED HEREIN, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. LANDLORD: TENANT: AMB PROPERTY, L.P. HARMONIC, INC. a Delaware limited partnership a Delaware corporation By: AMB Property Corporation, a Maryland corporation By: /s/ ROBIX X. XXXXXXX ------------------------------- By: /s/ JOHN X. XXXXX Robix X. Xxxxxxx ------------------------------- John X. Xxxxx Its: Chief Financial Officer Its: Regional Manager ------------------------------ By: ------------------------------ Its: ------------------------------ Telephone: (415) 000-0000 Telephone: (408) 000-0000 ------------------------ ------------------------ Facsimile: (415) 000-0000 Facsimile: (408) 000-0000 ------------------------ ------------------------ Executed at: 505 Xxxxxxxxxx Xxxxxx Executed at: 632 Xxxxxxxxx Xxxxxx 0xx Xxxxx Xxxxxxxxx, XX 00000 San Xxxxxxxxx, XX 00000 Xxte: 5-12-00 Date: ---------------------------- ---------------------------- 22 Exhibit "A" Site Plan AMB PROPERTY, L.P. PROJECT 8J01 MBC/MOFFXX XXXINESS CENTER R&D TOTAL PROJECT SQUARE FOOTAGE: 285,480 -------------------------------------------------------------------------------- [DIAGRAM] COMMENCEMENT DATE CERTIFICATE THIS COMMENCEMENT DATE CERTIFICATE is made as of April 18, 2000, by and between the parties hereto with regard...
Year 2000 Disclaimer. Landlord hereby disclaims any liability for any and all damages, injuries or other losses, whether ordinary, special, consequential, punitive or otherwise, arising out of, relating to, or in connection with, (a) the failure of any automated, computerized and/or software system or other technology used in, on, or about the Property or relating to the management or operation of the Property to accurately receive, provide or
Year 2000 Disclaimer. Landlord hereby disclaims any liability for, and Tenant hereby waives (and shall secure its own insurance against any risks of loss associated with) any claim for damages (whether ordinary, special, consequential, punitive or otherwise) for any injury or inconvenience to, or interference with, Tenant's business, any loss of occupancy or quiet enjoyment of the Premises or any other loss occasioned by, arising out of, relating to or in connection with (a) the failure of any automated, computerized and/or software system or other technology used in, on or about the Property or relating to the management or operation of the Property to accurately receive, provide or process date/time data (including, but not limited to, calculating, comparing and sequencing) both before and after September 9, 1999 and before, after, during and between the years 1999 A.D. and 2000 A.D., and leap year calculations and/or (b) the malfunction, ceasing to function or providing of invalid or incorrect results by any such technology as a result of date/time date and/or the processing of date/time date. 49.
Year 2000 Disclaimer. Landlord hereby disclaims any liability for, and Tenant hereby releases Landlord from any liability for, any and all damages, injuries or other losses, whether ordinary, special, consequential, punitive or otherwise, arising out of, relating to, or in connection with, (a) the failure of any automated, computerized and/or software system or other technology used in, on, or about the Premises or relating to the management or operation of the Premises to accurately receive, provide or process date/time data (including, but not limited to, calculating, comparing and sequencing) both before and after the Commencement Date, and before, after, during and between the years 1999 A.D. and 2000 A.D., and leap year calculations and, or (b) the malfunction, ceasing to function or providing of invalid or incorrect results by any such technology as a result of date/time data. The foregoing disclaimer shall apply to any such technology used in, on, or about the Premises or that affects the Premises, whether or not such technology is within the control of Landlord or any of Landlord's agents or representatives. THE FOREGOING DISCLAIMER INCLUDES A DISCLAIMER OF ALL WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, WITH RESPECT TO THE MATTERS DESCRIBED HEREIN, INCLUDING ANY IMPLIED WAY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
Year 2000 Disclaimer. Lessor hereby disclaims any liability for -------------------- any and all damages, injuries or other losses, whether ordinary, special, consequential, punitive or otherwise, arising out of, relating to or in connection with (a) the failure of any automated, computerized and/or software system or other technology used in, or about the Building or relating to the management or operation of the Building to accurately receive, provide or process date/time data (including, but not limited to, calculating, comparing and sequencing) both before and after September 9, 1999 and before, after, during and between the years 1999 A.D. and 2000 A.D., and lease year calculations; and/or (b) the malfunction, ceasing to function or providing of invalid or incorrect results by any such technology as a result of date/time data. The foregoing disclaimer shall apply to any such technology used in, on, or about the Building or that affects the Building, whether or not such technology is within the control of Lessor or any of Lessor's agents or representatives. THE FOREGOING DISCLAIMER INCLUDES A DISCLAIMER OF ALL WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, WITH RESPECT TO THE MATTERS DESCRIBED HEREIN, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
Year 2000 Disclaimer. Landlord hereby disclaims any liability for any and all damages, injuries or other losses, whether ordinary, special, consequential, punitive or otherwise, arising out of, relating to, or in connection with, (a) the failure of any automated, 3 computerized and/or software system or other technology used in, on, or about the Property or relating to the management or operation of the Property to accurately receive, provide or process date/time data (including, but not limited to, calculating, comparing and sequencing) both before and after September 9, 1999, and before, after, during and between the years 1999 A. D. and 2000 A. D., and leap year calculations and, or (b) the malfunction, ceasing to function or providing of invalid or incorrect results by any such technology as a result of date/time data. The foregoing disclaimer shall apply to any such technology used in, on, or about the Property or that affects the Property, whether or not such technology is within the control of Owner or any of Owner's agents or representatives. THE FOREGOING DISCLAIMER INCLUDES A DISCLAIMER OF ALL WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, WITH RESPECT TO THE MATTERS DESCRIBED HEREIN, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
Year 2000 Disclaimer. The Parties are fully aware of and acknowledge the challenge facing the global business community concerning the transition to the Year 2000 and beyond. The Parties further acknowledge that unless repaired, replaced or retired, some computer software, equipment and systems may not be able to properly handle dates in the transition to year 2000 and beyond which may result in unpredictable and potentially unfavorable business performance. MOBIL MAKES NO WARRANTY, REPRESENTATION OR PROMISE, EXPRESS OR IMPLIED, THAT THE PURCHASED ASSETS ARE "YEAR 2000 COMPLIANT". As used herein, the term Year 2000 Compliant shall mean that the Purchased Assets, including all computer software, hardware, firmware, business processes and business systems, process controls and equipment, containing date-sensitive chips are now or will in the future be able to correctly recognize, process, interface with, exchange or receive date-related data for the dates within and between the 20th and 21st centuries and all other centuries.
Year 2000 Disclaimer. Landlord and Tenant each hereby disclaims any liability for any and all damages, injuries or other losses, whether ordinary, special consequential, punitive or otherwise arising out of, relating to or in connection with (a) the failure of any automated, computerized and/or software system or other technology used in, on or about the Demised Premises or relating to the management or operation of the Demised Premises to accurately receive, provide or process date/time (including, but not limited to, calculating, comparing and sequencing) before, after, during and between the years 1999 A.D. and 2000 A.D., and leap year calculations and/or (b) the malfunction, ceasing to function or providing of invalid or incorrect results by any such technology as a result of date/time data. The foregoing disclaimer shall apply to any such technology used in, on or about the Demised Premises or that affect the Demised Premises, whether or not such technology is within the control of Landlord or Tenant or their respective agents or representatives. THE FOREGOING DISCLAIMER INCLUDES A DISCLAIMER BY LANDLORD OF ALL WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, WITH RESPECT TO THE MATTERS DESCRIBED HEREIN, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
Year 2000 Disclaimer. Landlord hereby disclaims any liability for any and all damages, injuries or other losses, whether ordinary, special, consequential, punitive or otherwise, arising out of, relating to, or in connection with, (a) the failure of any automated, 4 FIRST AMENDMENT TO LEASE Page 4 computerized and/or software system or other technology used in, on, or about the Property or relating to the management or operation of the Property to accurately receive, provide or process date/time data (including, but not limited to, calculating, comparing and sequencing) both before and after September 9, 1999, and before, after, during and between the years 1999 A. D. and 2000 A. D., and leap year calculations and, or (b) the malfunction, ceasing to function or providing of invalid or incorrect results by any such technology as a result of date/time data. The foregoing disclaimer shall apply to any such technology used in, on, or about the Property or that affects the Property, whether or not such technology is within the control of Owner or any of Owner's agents or representatives. THE FOREGOING DISCLAIMER INCLUDES A DISCLAIMER OF ALL WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, WITH RESPECT TO THE MATTERS DESCRIBED HEREIN, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
