Deliverables Warranty. The Supplier hereby represents and warrants that the Deliverables (i) shall be provided fully and diligently in a professional and competent manner by persons qualified and skilled in their occupations; and (ii) shall be free from defects in material, workmanship and design, suitable for the purposes intended, in compliance with all applicable specifications and free from liens or encumbrance on title; and furthermore that all Deliverables shall be provided in accordance with: (a) the Contract; (b) Industry Standards; and (c)
Deliverables Warranty. We shall provide You with all materials required to play and exhibit the Show and any other associated materials. The materials shall be suitable for playing on a full dome video system. We warrant that the supplied materials shall be complete, in good order and ready for installation.
Deliverables Warranty. Mototech warrants that the required that it’s required deliverables hereunder shall conform to the corresponding requirements of the Development Specifications and the Development Procedures.
Deliverables Warranty. (1) With respect to each Deliverable, Cognizant warrants for a period of 30 days following delivery of the such Deliverable (the "Warranty Period") that the Deliverable will materially conform to the corresponding specifications for such Deliverable that are set forth in the applicable Statement of Work.
(2) In the event that any Deliverable fails to conform to the foregoing warranty in any material respect, the sole and exclusive remedy of Xxxxxxx will be for Cognizant, at its expense, to promptly use commercially reasonable efforts to cure or correct such failure. The foregoing warranty is expressly conditioned on (i) Xxxxxxx providing Cognizant with prompt written notice of any claim thereunder prior to the expiration of the applicable Warranty Period, which notice must identify with particularity the non-conformity; (ii) Xxxxxxx'x full cooperation with Cognizant in all reasonable respects relating thereto, including, in the case of software, assisting Cognizant to locate and reproduce the non- 4830-2082-6212v.8 207239136_2 LAW conformity; and (iii) with respect to any Deliverable, the absence of any alteration or other modification of such Deliverable by any person or entity other than Cognizant or a Cognizant Subcontractor.
(3) This Section 18.2.2 (Deliverables Warranty) shall not apply with respect to a Service subject to a Service Level or any Deliverable if the Services associated with the Deliverable are included in the calculation of a Service Level.
Deliverables Warranty. For a period of [***] beginning [***] and terminating [***], InterDigital warrants that each Deliverable shall perform the functions specified in its applicable Specification in all material respects. If a Deliverable does not conform to the functionality required by its Specification in any material respect, and if Spreadtrum notifies InterDigital of the nonconformity, InterDigital will provide Corrections to the Deliverable within the time period as set forth in the Statement of Work or as reasonably requested by Spreadtrum. This warranty is exclusive, and is in lieu of all other warranties, whether statutory, express or implied, and InterDigital’s obligation under this Section 3.1 is Spreadtrum’s sole and exclusive remedy for failure of any Deliverable to comply with its applicable Specification.
3.1.1 Notwithstanding the foregoing, certain Deliverables identified in the Statement of Work are provided to Spreadtrum “as is”. With respect to those deliverables, InterDigital makes and extends no warranty whatsoever.
Deliverables Warranty. The Supplier represents and warrants that the Deliverables (i) shall be provided diligently in a professional and competent manner by persons qualified and skilled in their occupation in accordance with: (a) the Contract; (b) Industry Standards; and (c) the Requirements of Law; and (ii) shall be free from defects in material, workmanship and design, suitable for the purposes intended, in compliance with all applicable specifications and free from liens or encumbrance on title. The Supplier represents and warrants that the use or sale of the Deliverables purchased under this Contract will not infringe any patent, copyright or trademark.
Deliverables Warranty. (a) Subject to Section 12.2 (Transferred SOWS) with respect to any Deliverable provided hereunder, Provider warrants the following until [[[***]]] following the date such Deliverable is accepted by the Customer Party (the “Warranty Period”):
(i) such Deliverable will conform to any applicable requirements set forth in the applicable Customer SOW; and
(ii) such Deliverable at the time of delivery will contain no elements which are designed to, capable of, or permit (A) unauthorized access to or intrusion upon, (B) disabling of, (C) erasure of, or (D) interference with, any hardware, Software, data or peripheral equipment, including any “computer viruses,” “worms” or “time bombs” as those terms are commonly understood within the technology industry.
(b) In the event that any Deliverable fails to conform to the warranties set forth in this Section 12.3 in any material respect, Provider will have the right and obligation to cure or correct such failure as soon as reasonably practical at Provider’s expense. If Provider is unable to cure or correct such failure within a commercially reasonable period of time of no less than ninety (90) days, then the Customer Group may pursue its remedies at law to recover direct damages resulting from the breach of such warranties. The foregoing provisions are expressly conditioned upon the Customer Group providing Provider with prompt written notice of any claim thereunder prior to the expiration thereof, which notice must identify with particularity the non-conformity. The foregoing warranties will not apply if the alleged breach of warranty has not been caused by Provider’s breach of its obligations herein or is due to instructions or specifications of the Customer Group or services or goods supplied by the Customer Group or its agents not conforming to their respective technical, functional and performance specifications and criteria, and Provider will have no liability or obligation as a result thereof.
Deliverables Warranty. (a) The Supplier represents and warrants that the Deliverables (i) shall be provided diligently in a professional and competent manner by persons qualified and skilled in their occupation in accordance with: (a) the Contract; (b) Industry Standards; and (c) the Requirements of Law; and (ii) shall be free from defects in material, workmanship and design, suitable for the purposes intended, in compliance with all applicable specifications and free from liens or encumbrance on title.
(b) The Supplier represents and warrants that the use or sale of the Deliverables purchased under this Contract will not infringe any patent, copyright or trademark.
(c) The Deliverables are subject to the Board’s inspection and acceptance within a reasonable period of time after delivery. If any of the Deliverables, in the opinion of the Board, are inadequately provided or require corrections, the Supplier shall make the necessary corrections at its own expense as specified by the Board in a rectification notice.
Deliverables Warranty. 4.2.1. The Supplier hereby represents and warrants that the Deliverables
4.2.1.1. shall be provided fully and diligently in a professional and competent manner by persons qualified and skilled in their occupations; and
4.2.1.2. shall be free from defects in material, workmanship and design, suitable for the purposes intended, in compliance with all applicable specifications and free from liens or encumbrance on title; and furthermore that all Deliverables shall be provided in accordance with:
4.2.1.2.1. the Contract;
4.2.1.2.2. Industry Standards; and
Deliverables Warranty. 8.1 UT warrants that Services provided hereunder will be performed in a professional manner by UT, using well qualified individuals and in accordance with generally recognized commercial practices and standards.
8.2 UT further warrants for a period of sixty (60) days from the date of UT delivery of the migrated source code to CUSTOMER (the "Warranty Period"), that all source code delivered will be "clean compiled" and verified for successful execution as provided in Section 2.2 of Exhibit A, Statement of Work. UT does not warrant, and expressly disclaims, that the source code provided by UT will execute in CUSTOMER's environment with CUSTOMER's data. If during the Warranty Period CUSTOMER demonstrates to UT that the source code subject of this warranty is not clean compiled, UT will remedy, without charge to CUSTOMER, any and all parts of the source code found to be defective or nonconforming to the Statement of Work. UT will begin to correct defective or nonconforming code immediately upon CUSTOMER's notice to UT, and shall continue diligently until the defect or nonconforming code is corrected.
8.3 UT's entire liability and CUSTOMER's exclusive remedy as it relates to the warranty respecting delivered source code shall be as set forth in Article 8.2.
8.4 EXCEPT AS STATED IN THIS ARTICLE 8.0 UT MAKES NO OTHER REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE OR INTENDED USE OR OF MERCHANTABILITY. UT ASSUMES NO RESPONSIBILITY WITH RESPECT TO THE USE BY CUSTOMER OR ITS EMPLOYEES OR CLIENTS OF THE SERVICES OR DELIVERABLES.
