Common use of Additional Representation and Warranty Clause in Contracts

Additional Representation and Warranty. The parties hereby warrant that no party shall knowingly insert into any interface, software, or program provided by a party to any other party, any “back door,” “time bomb,” “Trojan Horse,” “worm,” “drop dead device,” “virus” or other computer software code or routines or hardware components designed to disable, damage or impair the operation of any system, program or operation hereunder. For failure to comply with this warranty, the non-complying party shall immediately replace all copies of the affected work product, system or software. All costs incurred with replacement including, but not limited to, cost of media, shipping, deliveries and installation, shall be borne by such non-complying party.

Appears in 2 contracts

Samples: Transfer Agent Servicing Agreement (Aip Alternative Strategies Funds), Transfer Agent Servicing Agreement (Kinetics Mutual Funds Inc)

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Additional Representation and Warranty. The parties hereby warrant that no neither party shall knowingly insert into any interface, software, or other program provided by a party to any other party, any “back door,” “time bomb,” “Trojan Horse,” “worm,” “drop dead device,” “virus” or other computer software code or routines or hardware components designed to disable, damage or impair the operation of any system, program or operation hereunder. For failure to comply with this warranty, the non-complying party shall immediately replace all copies of the affected work product, system or software. All costs incurred with replacement including, but not limited to, cost of media, shipping, deliveries and installation, shall be borne by such non-complying party.

Appears in 1 contract

Samples: Transfer Agent Servicing Agreement (Kinetics Mutual Funds Inc)

Additional Representation and Warranty. The parties hereby warrant that no party shall knowingly insert into any interface, other software, or other program provided by a party to any other party, party any “back door,” “time bomb,” “Trojan Horse,” “worm,” “drop dead device,” “virus” or other computer software code or routines or hardware components designed to disable, damage or impair the operation of any system, program or operation hereunder. For failure to comply with this warranty, the non-complying party shall immediately replace all copies of the affected work product, system or software. All costs incurred with replacement including, but not limited to, cost of media, shipping, deliveries and installation, shall be borne by such non-complying party.

Appears in 1 contract

Samples: Transfer Agent Servicing Agreement (Kinetics Mutual Funds Inc)

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Additional Representation and Warranty. The parties hereby warrant that no party neither shall knowingly insert into any interface, software, or program maintained or provided by a party to any other partythis Agreement, any “back door,” “time bomb,” “Trojan Horse,” “worm,” “drop dead device,” “virus” or other computer software code or routines or hardware components designed to disable, damage or impair the operation of any system, program or operation hereunder. For failure to comply with this warranty, the non-complying party shall immediately replace all copies of the affected work product, system or software. All costs incurred with replacement including, but not limited to, cost of media, shipping, deliveries and installation, shall be borne by such non-complying party.

Appears in 1 contract

Samples: Transfer Agent Servicing Agreement (Kinetics Mutual Funds Inc)

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