Common use of Contractor’s Performance Warranties Clause in Contracts

Contractor’s Performance Warranties. Contractor represents and warrants to Agency that: Contractor has the skill and knowledge possessed by well-informed members of its trade or profession and Contractor will apply that skill and knowledge with care and diligence so Contractor and Contractor’s employees and any authorized subcontractors perform the Services described in this Contract in accordance with the highest standards prevalent in the industry or business most closely involved in providing the Services that Contractor is providing to Agency pursuant to this Contract. Through the expiration of the Post Implementation Warranty Period, all Deliverables delivered by Contractor to Agency, and the System as a whole, will materially conform to Acceptance Criteria set forth in this Contract, including the Statement of Work and any Documentation provided by Contractor, and be free from error or Defect that materially impairs their use, and be free from material defects in materials, workmanship, or design. Contractor shall comply with the standards established by the Project Management Institute (PMI) as described in the Project Management Body of Knowledge (PMBOK), Fifth Edition, the Software Engineering Institute and the Control Objectives for Information and related Technology (COBIT®) objectives, as well as standards established by DAS for quality assurance services. Contractor shall comply with the applicable requirements set forth in DAS Oregon Statewide IT and Information Security Policies, found at xxxx://xxx.xxxxxx.xxx/DAS/op/Pages/policies.aspx, as those policies are amended from time to time. In the event of a DAS IT Policy amendment that impacts the System or the Services, the required change will be managed according to the Change Control process in Section 7.1 of this Contract. Except as otherwise provided in this Contract, Contractor shall transfer all Deliverables to Agency free and clear of any and all restrictions on or conditions of transfer, modification, licensing, sublicensing, direct or indirect distribution, or assignment, and free and clear of any and all liens, claims, mortgages, security interests, liabilities, and encumbrances of any kind. Except as otherwise set forth in this Contract, any subcontractors performing work for Contractor under this Contract have assigned all of their rights in the Deliverables to Contractor or Agency and no third party has any right, title or interest in any Deliverables supplied to Agency under this Contract. Contractor will maintain, operate and enforce, prior to the receipt of, and during the period in which Contractor has possession of or access to, any Personal Information, an active and effective information security program that at minimum complies with the requirements of the Oregon Identity Theft Protection Act (ORS 646A.600 et. seq.) to preserve the security and confidentiality of all Personal Information that is contained in any document, record, compilation of information or other item to which Contractor receives access, possession, custody or control. The System, at the time of delivery and installation, will be free of what are commonly defined as viruses, backdoors, worms, spyware, malware and other malicious code that will hamper performance of the software, collect unlawful personally identifiable information on users, or prevent the software from performing as required under the terms and conditions of this Contract. Notwithstanding the foregoing, this representation and warranty does not include a disabling device that limits, suspends or ends use of the Software expressly permitted by the terms and conditions by the license under which it was provided. Contractor shall comply with.

Contractor’s Performance Warranties. Contractor represents and warrants to Agency that: Contractor has the skill and knowledge possessed by well-informed members of its trade or profession and Contractor will apply that skill and knowledge with care and diligence so Contractor and Contractor’s employees and any authorized subcontractors perform the Services described in this Contract in accordance with the highest standards prevalent in the industry or business most closely involved in providing the Services that Contractor is providing to Agency pursuant to this Contract. Through the expiration of the Post Implementation Warranty Period, all Deliverables delivered by Contractor to Agency, and the System as a whole, will materially conform to Acceptance Criteria set forth in this Contract, including the Statement of Work and any Documentation provided by Contractor, and be free from error or Defect defect that materially impairs their use, and be free from material defects in materials, workmanship, or design. Contractor shall comply with the standards established by the Project Management Institute (PMI) as described in the Project Management Body of Knowledge (PMBOK), Fifth Edition, the Software Engineering Institute and the Control Objectives for Information and related Technology (COBIT®) objectives, as well as standards established by DAS for quality assurance services. Contractor shall comply with the applicable requirements set forth in DAS Oregon Statewide IT and Information Security Policies, found at xxxx://xxx.xxxxxx.xxx/DAS/op/Pages/policies.aspx, as those policies are amended from time to time. In the event of a DAS IT Policy amendment that impacts the System or the Services, the required change will be managed according to the Change Control process in Section 7.1 of this Contract. Except as otherwise provided in this Contract, Contractor shall transfer all Deliverables to Agency free and clear of any and all restrictions on or conditions of transfer, modification, licensing, sublicensing, direct or indirect distribution, or assignment, and free and clear of any and all liens, claims, mortgages, security interests, liabilities, and encumbrances of any kind. Except as otherwise set forth in this Contract, any subcontractors performing work for Contractor under this Contract have assigned all of their rights in the Deliverables to Contractor or Agency and no third party has any right, title or interest in any Deliverables supplied to Agency under this Contract. Contractor will maintain, operate and enforce, prior to the receipt of, and during the period in which Contractor has possession of or access to, any Personal Information, an active and effective information security program that at minimum complies with the requirements of the Oregon Identity Theft Protection Act (ORS 646A.600 et. seq.) to preserve the security and confidentiality of all Personal Information that is contained in any document, record, compilation of information or other item to which Contractor receives access, possession, custody or control. The System, at the time of delivery and installation, will be free of what are commonly defined as viruses, backdoors, worms, spyware, malware and other malicious code that will hamper performance of the software, collect unlawful personally identifiable information on users, or prevent the software from performing as required under the terms and conditions of this Contract. Notwithstanding the foregoing, this representation and warranty does not include a disabling device that limits, suspends or ends use of the Software expressly permitted by the terms and conditions by the license under which it was provided. Contractor shall comply with.

Contractor’s Performance Warranties. Contractor represents and warrants to Agency that: Contractor has the skill and knowledge possessed by well-informed members of its trade or profession and Contractor will apply that skill and knowledge with care and diligence so Contractor and Contractor’s employees and any authorized subcontractors perform the Services described in this Contract in accordance with the highest standards prevalent in the industry or business most closely involved in providing the Services that Contractor is providing to Agency pursuant to this Contract. Through the expiration of the Post Implementation Warranty Period, all Deliverables delivered by Contractor to Agency, and the System as a whole, will materially conform to Acceptance Criteria set forth in this Contract, including the Statement of Work and any Documentation provided by Contractor, and be free from error or Defect defect that materially impairs their use, and be free from material defects in materials, workmanship, or design. Contractor shall comply with the standards established by the Project Management Institute (PMI) as described in the Project Management Body of Knowledge (PMBOK), Fifth Sixth Edition, the Software Engineering Institute and the Control Objectives for Information and related Technology (COBIT®) objectives, as well as standards established by DAS for quality assurance services. Contractor shall comply with the applicable requirements set forth in DAS Oregon Statewide IT and Information Security Policies, found at xxxx://xxx.xxxxxx.xxx/DAS/op/Pages/policies.aspxxxxxx://xxx.xxxxxx.xxx/das/Pages/policies.aspx#IT, as those policies are amended from time to time. In the event of a DAS IT Policy amendment that impacts the System or the Services, the required change will be managed according to the Change Control process in Section 7.1 of this Contract. Except as otherwise provided in this Contract, Contractor shall transfer all Deliverables to Agency free and clear of any and all restrictions on or conditions of transfer, modification, licensing, sublicensing, direct or indirect distribution, or assignment, and free and clear of any and all liens, claims, mortgages, security interests, liabilities, and encumbrances of any kind. Except as otherwise set forth in this Contract, any subcontractors performing work for Contractor under this Contract have assigned all of their rights in the Deliverables to Contractor or Agency and no third party has any right, title or interest in any Deliverables supplied to Agency under this Contract. Contractor will maintain, operate and enforce, prior to the receipt of, and during the period in which Contractor has possession of or access to, any Personal Information, an active and effective information security program that at minimum complies with the requirements of the Oregon Identity Theft Consumer Information Protection Act (ORS 646A.600 et. seq.) to preserve the security and confidentiality of all Personal Information that is contained in any document, record, compilation of information or other item to which Contractor receives access, possession, custody or control. The System, at the time of delivery and installation, will be Solution is free of what are commonly defined as viruses, backdoors, worms, spyware, malware and other malicious code that will hamper hampers performance of the softwareSolution, collect unlawful personally identifiable unlawfully collects any information on users, or prevent prevents the software Solution from performing as required under the terms and conditions of this Contract. [Notwithstanding the foregoing, this representation and warranty does not include a disabling device that limits, suspends or ends use of the Software Services that is expressly permitted by the terms and conditions by the license under which it was provided. .] Contractor shall comply withwith WARRANTIES CUMULATIVE. THE WARRANTIES SET FORTH IN THIS CONTRACT ARE CUMULATIVE AND DO NOT LIMIT AGENCY’S REMEDIES UNDER THIS CONTRACT OR AT LAW. The warranties stated above do not apply to the extent that there has been misuse of the relevant Deliverable, other than that authorized by Contractor in writing, accident, modification, or failure or damage caused by a product or entity for which Contractor is not responsible.

Contractor’s Performance Warranties. Contractor represents and warrants to Agency that: Contractor has the skill and knowledge possessed by well-informed members of its trade or profession and Contractor will apply that skill and knowledge with care and diligence so Contractor and Contractor’s employees and any authorized subcontractors perform the Services described in this Contract in accordance with the highest standards prevalent in the industry or business most closely involved in providing the Services that Contractor is providing to Agency pursuant to this Contract. Through the expiration of the Post Implementation Warranty Period, all Deliverables delivered to and Accepted by Contractor to Agency, and the System as a whole, Agency will materially conform to Acceptance Criteria set forth in this Contract, including the applicable Statement of Work and any Documentation provided by Contractor, and be free from error or Defect defect that materially impairs their use, and be free from material defects in materials, workmanship, or design. Contractor shall comply with the standards established by the Project Management Institute (PMI) as described in the Project Management Body of Knowledge (PMBOK), Fifth Sixth Edition, the Software Engineering Institute and the Control Objectives for Information and related Technology (COBIT®) objectives, as well as standards established by DAS for quality assurance services. Contractor shall comply with the applicable requirements set forth in DAS Oregon Statewide IT and Information Security Policies, found at xxxx://xxx.xxxxxx.xxx/DAS/op/Pages/policies.aspx, as those policies are amended from time to time. In the event of a DAS IT Policy amendment that impacts the System or the Services, the required change will be managed according to the Change Control process in Section 7.1 of this Contract. Except as otherwise provided in this Contract, Contractor shall transfer all Deliverables to Agency free and clear of any and all restrictions on or conditions of transfer, modification, licensing, sublicensing, direct or indirect distribution, or assignment, and free and clear of any and all liens, claims, mortgages, security interests, liabilities, and encumbrances of any kind. Except as otherwise set forth in this Contract, any subcontractors performing work for Contractor under this Contract have assigned all of their rights in the Deliverables to Contractor or Agency and no third party has any right, title or interest in any Deliverables supplied to Agency under this Contract. Contractor will maintain, operate and enforce, prior to the receipt of, and during the period in which Contractor has possession of or access to, any Personal Information, an active and effective information security program that at minimum complies with the requirements of the Oregon Identity Theft Consumer Information Protection Act (ORS 646A.600 et. seq.) to preserve the security and confidentiality of all Personal Information that is contained in any document, record, compilation of information or other item to which Contractor receives access, possession, custody or control. The System, at the time of delivery and installation, will be free of what are commonly defined as viruses, backdoors, worms, spyware, malware and other malicious code that will hamper performance of the software, collect unlawful personally identifiable information on users, or prevent the software from performing as required under the terms and conditions of this Contract. Notwithstanding the foregoing, this representation and warranty does not include a disabling device that limits, suspends or ends use of the Software expressly permitted by the terms and conditions by the license under which it was provided. Contractor shall comply with.