Common use of Contractor’s Warranty Clause in Contracts

Contractor’s Warranty. CONTRACTOR warrants that, beginning upon the date of 15 First Productive Use and extending during such period as COUNTY is on Support, the Licensed 16 Software will perform in all material respects the functions described in the applicable Product 17 Descriptions or Documentation when operated in accordance with the Documentation and in the 18 environment for which CONTRACTOR designed the Licensed Software to operate. 19 a. In the event of a breach of this warranty, CONTRACTOR will repair or replace the 20 failing item of Licensed Software so that it does perform in accordance with such warranty. 21 b. If, however, after repeated efforts (not to exceed three months from the date 22 CONTRACTOR receives written notice from COUNTY concerning the warranty breach), 23 CONTRACTOR is unable to repair or replace the failing item of Licensed Software so that it performs 24 in accordance with such warranty and the failing item of Licensed Software is material to the operation 25 of the entire System, COUNTY may, at CONTRACTOR's expense, return the failing item of Licensed 26 Software and receive a refund of all license fees paid for the item of Licensed Software (calculated on a 27 five year straight line depreciated basis) as well as the System Support fees paid for the item of Licensed 28 Software since the failure was first reported to CONTRACTOR. COUNTY's rights under this 29 Paragraph constitute its sole and exclusive remedy and CONTRACTOR's sole and exclusive obligations 30 with respect to any breach of this warranty.

Contractor’s Warranty. CONTRACTOR warrants that, beginning upon the date of 15 First Productive Use and extending during such period as COUNTY is on Support, the Licensed 16 Software will will, perform in all material respects respects, the functions described in the applicable Product to which both parties have mutually agreed 17 Descriptions or Documentation to when operated in accordance with the Documentation and in the 18 environment for which 18 CONTRACTOR designed the Licensed Software to operate. 19 a. In the event of a breach of this warranty, CONTRACTOR will repair or replace the 20 failing item of Licensed Software so that it does perform in accordance with such warranty. 21 b. If, however, after repeated efforts (not to exceed three months from the date 22 CONTRACTOR receives written notice from COUNTY concerning the warranty breach), 23 CONTRACTOR is unable to repair or replace the failing item of Licensed Software so that it performs 24 in accordance with such warranty and the failing item of Licensed Software is material to the operation 25 of the entire System, COUNTY may, at CONTRACTOR's expense, return the failing item of Licensed 26 Software and receive a refund of all license fees paid for the item of Licensed Software (calculated on a 27 five year straight line depreciated basis) as well as the System Support fees paid for the item of Licensed 28 Software since the failure was first reported to CONTRACTOR. COUNTY's rights under this 29 Paragraph constitute its sole and exclusive remedy and CONTRACTOR's sole and exclusive obligations 30 with respect to any breach of this warranty.

Contractor’s Warranty. CONTRACTOR warrants that, beginning upon the date of 15 6 First Productive Use and extending during such period as COUNTY is on Support, the Licensed 16 7 Software will will, perform in all material respects respects, the functions described in the applicable Product 17 Descriptions or Documentation to which both parties have mutually agreed 8 to when operated in accordance with the Documentation and in the 18 environment for which 9 CONTRACTOR designed the Licensed Software to operate. 19 a. . 10 In the event of a breach of this warranty, CONTRACTOR will repair or replace the 20 failing item of 11 Licensed Software so that it does perform in accordance with such warranty. 21 b. . If, however, after repeated 12 efforts (not to exceed three months from the date 22 CONTRACTOR receives written notice from 13 COUNTY concerning the warranty breach), 23 CONTRACTOR is unable to repair or replace the failing 14 item of Licensed Software so that it performs 24 in accordance with such warranty and the failing item of 15 Licensed Software is material to the operation 25 of the entire System, COUNTY may, at 16 CONTRACTOR's expense, return the failing item of Licensed 26 Software and receive a refund of all 17 license fees paid for the item of Licensed Software (calculated on a 27 five year straight line depreciated 18 basis) as well as the System Support fees paid for the item of Licensed 28 Software since the failure was 19 first reported to CONTRACTOR. COUNTY's rights under this 29 Paragraph constitute its sole and 20 exclusive remedy and CONTRACTOR's sole and exclusive obligations 30 with respect to any breach of 21 this warranty.

Contractor’s Warranty. CONTRACTOR warrants that, beginning upon the date of 15 9 First Productive Use and extending during such period as COUNTY is on Support, the Licensed 16 10 Software will perform in all material respects the functions described in the applicable Product 17 11 Descriptions or Documentation when operated in accordance with the Documentation and in the 18 12 environment for which CONTRACTOR designed the Licensed Software to operate. 19 13 a. In the event of a breach of this warranty, CONTRACTOR will repair or replace the 20 14 failing item of Licensed Software so that it does perform in accordance with such warranty. 21 15 b. If, however, after repeated efforts (not to exceed three months from the date 22 16 CONTRACTOR receives written notice from COUNTY concerning the warranty breach), 23 17 CONTRACTOR is unable to repair or replace the failing item of Licensed Software so that it performs 24 18 in accordance with such warranty and the failing item of Licensed Software is material to the operation 25 19 of the entire System, COUNTY may, at CONTRACTOR's expense, return the failing item of Licensed 26 20 Software and receive a refund of all license fees paid for the item of Licensed Software (calculated on a 27 21 five year straight line depreciated basis) as well as the System Support fees paid for the item of Licensed 28 22 Software since the failure was first reported to CONTRACTOR. COUNTY's rights under this 29 23 Paragraph constitute its sole and exclusive remedy and CONTRACTOR's sole and exclusive obligations 30 24 with respect to any breach of this warranty.

Contractor’s Warranty. CONTRACTOR warrants that, beginning upon the date of 15 31 First Productive Use and extending during such period as COUNTY is on Support, the Licensed 16 32 Software will perform in all material respects the functions described in the applicable Product 17 33 Descriptions or Documentation when Documentationwhen operated in accordance with the Documentation and in the 18 34 environment for which CONTRACTOR designed the Licensed Software to operate. 19 35 a. In the event of a breach of this warranty, CONTRACTOR will repair or replace the 20 36 failing item of Licensed Software so that it does perform in accordance with such warranty.. 37 // 21 1 b. If, however, after repeated efforts (not to exceed three months from the date 22 2 CONTRACTOR receives written notice from COUNTY concerning the warranty breach), 23 3 CONTRACTOR is unable to repair or replace the failing item of Licensed Software so that it performs 24 4 in accordance with such warranty and the failing item of Licensed Software is material to the operation 25 5 of the entire System, COUNTY may, at CONTRACTOR's expense, return the failing item of Licensed 26 6 Software and receive a refund of all license fees paid for the item of Licensed Software (calculated on a 27 7 five year straight line depreciated basis) as well as the System Support fees paid for the item of Licensed 28 8 Software since the failure was first reported to CONTRACTOR. COUNTY's rights under this 29 9 Paragraph constitute its sole and exclusive remedy and CONTRACTOR's sole and exclusive obligations 30 10 with respect to any breach of this warranty.

Contractor’s Warranty. CONTRACTOR warrants that, beginning upon the date of 15 23 First Productive Use and extending during such period as COUNTY is on Support, the Licensed 16 24 Software will perform in all material respects the functions described in the applicable Product 17 25 Descriptions or Documentation when operated in accordance with the Documentation and in the 18 26 environment for which CONTRACTOR designed the Licensed Software to operate. 19 27 a. In the event of a breach of this warranty, CONTRACTOR will repair or replace the 20 28 failing item of Licensed Software so that it does perform in accordance with such warranty. 21 29 b. If, however, after repeated efforts (not to exceed three months from the date 22 30 CONTRACTOR receives written notice from COUNTY concerning the warranty breach), 23 31 CONTRACTOR is unable to repair or replace the failing item of Licensed Software so that it performs 24 32 in accordance with such warranty and the failing item of Licensed Software is material to the operation 25 33 of the entire System, COUNTY may, at CONTRACTOR's expense, return the failing item of Licensed 26 34 Software and receive a refund of all license fees paid for the item of Licensed Software (calculated on a 27 35 five year straight line depreciated basis) as well as the System Support fees paid for the item of Licensed 28 36 Software since the failure was first reported to CONTRACTOR. COUNTY's rights under this 29 37 // 1 Paragraph constitute its sole and exclusive remedy and CONTRACTOR's sole and exclusive obligations 30 2 with respect to any breach of this warranty.