Computer Systems and Software. The computer systems, Hardware and Software of Vitran and the Vitran Subsidiaries including personal computers and special purpose systems (including billing systems, operational support systems and business support systems) are fully operational in all material respects. For the purposes hereof, “Hardware” means the computer hardware, mainframes, personal computers, servers, client/server stations, network equipment, routers, semi-conductor chips, embedded Software, communication lines and other equipment “Software” means computer programs, operating systems, applications, interfaces, applets, software scripts, macros, firmware, development tools, and other instructions or sets of instructions for Hardware or Software to follow, including SQL and other query languages, hypertext markup language (“html”), wireless markup language, xml and other computer markup languages, in object, source or other code.
Computer Systems and Software. The computer systems and software of the Targets or made available to the Targets by means of cloud computing, including servers, personal computers and special purpose systems, websites, databases, telecommunications equipment and facilities and other information technology systems, are fully operational, are adequate for the current needs of the Targets, and members of the Targets may access at no cost at all times the documentation required for their operation, such documentation describing, among other things, the operation and maintenance of all hardware, software, operating systems, applications and utilities. The Targets are in full compliance with all terms and conditions stipulated by the licenses governing the computer systems and software used by Targets in connection with the Business.
Computer Systems and Software. 10.1 In this paragraph 10, the expression “the Software” means all computer programs and software used or supplied in or in connection with the business of the Target Group (whether owned by the Target Group, licensed to the Target Group by a third party or sub-licensed by the Target Group pursuant to a licence agreement from a third party).
Computer Systems and Software. THE SIXTH SCHEDULE.........................................................................................................
Computer Systems and Software. 12.1 All software supplied by or used by the Target Company (collectively “Software”) and other information technology (including, without limitation, any hardware, networks, data storage devices, peripherals and equipment) supplied by or used by the Target Company (collectively “Hardware”) are fit in all respects for intended purposes, of satisfactory quality, perform in all respects in accordance with their specifications and user or other manuals or documentation and do not contain any defect or feature which do or may adversely affect their performance or the performance of any other software, hardware or system. The Target Company has not at any time had any dispute with any person relating to the functionality, quality or fitness for purpose of the Software or Hardware relating to their compliance with their specifications or with any warranties given by the Target Company or any other person relating to it.
Computer Systems and Software. 9.1 In this paragraph 9, the expression "
Computer Systems and Software. 9 2.7 Inventory and Supplies.................................................................. 9 2.8
Computer Systems and Software. All of the Seller's right, title and interest in and to and rights of access to all clinical, diagnostic and data analysis, storage and retrieval computer systems used or useful in the Acquired Business, and all billing, bookkeeping and accounting computer systems used or useful in the Acquired Business, including in each case all associated software and operating systems.
Computer Systems and Software. (a) All the computers and computer systems owned or used by the Company (i) are in full operating order and are fulfilling the purposes for which they were acquired or established in an efficient manner without material downtime or errors; (ii) have adequate capacity for the Company's present needs;(iii) have adequate security, back-ups, hardware and software support and maintenance and trained personnel to ensure so far as is reasonable (a) that breaches of security, errors and breakdowns are kept to a minimum; and (b) that to the Knowledge of the Shareholders and the Company there are no circumstances which would lead to material disruption to the business of the Company or any material part of the business in the event of a breach of security, error or breakdown; (iv) are properly documented so as to enable them to be used and operated by any reasonably qualified personnel; and (v) are owned and under the sole control of the Company, are located in premises (except as disclosed in Schedule 3.27 to the Disclosure Memorandum) occupied by the Company, are not shared with or used by or on behalf of or accessible by any other person.
