Common use of Developed Materials Compliance Clause in Contracts

Developed Materials Compliance. Notwithstanding any additional warranties and covenants provided to Customer in Service Proposal, Service Provider warrants and covenants that Developed Materials shall conform to the applicable specifications or requirements documentation and be free from defects and errors for 90 days following final acceptance by DIR in accordance with Section 4.3 (unless a longer period is specified in the Project Plan) (the “Warranty Period”); provided that to the extent that the functionality of the Work Product relates to a quarterly, semi-annual, or year-end process and such functionality has not been utilized thirty (30) days prior to the expiration of the Warranty Period, the Warranty Period shall extend for such functionality until thirty (30) days following the utilization of such functionality in the production in connection with the applicable quarterly, semi-annual, or year-end process. Any defects discovered during the Warranty Period, including the extension of the Warranty Period set forth in the proviso in the preceding sentence, shall be remediated at no additional cost to DIR (and Service Provider may not use any resources that are part of the Resource Baselines or otherwise paid for by DIR to perform such remediation). Service Provider shall not use any resources that are part of the Resource Baselines or otherwise paid for by DIR to fix defects, errors, or nonconformities caused by Service Provider or Service Provider Agents. For avoidance of doubt, expiration of the Warranty Period shall not relieve Service Provider of its obligations to continue to provide all Services in accordance with the requirements of this Agreement;

Appears in 2 contracts

Samples: Master Services Agreement, Master Services Agreement

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Developed Materials Compliance. Notwithstanding any additional warranties and covenants provided to DIR Customer in Service Proposal, Service Provider warrants and covenants that Developed Materials shall conform to the applicable specifications or requirements documentation and be free from defects and errors for 90 days following final acceptance by DIR in accordance with Section 4.3 (unless a longer period is specified in the Project Plan) (the “Warranty Period”); provided that to the extent that the functionality of the Work Product relates to a quarterly, semi-annual, semi- annual or year-end process and such functionality has not been utilized thirty (30) 30 days prior to the expiration of the Warranty Period, the Warranty Period shall extend for such functionality until thirty (30) 30 days following the utilization of such functionality in the production in connection with the applicable quarterly, semi-annual, annual or year-end process. Any defects discovered during the Warranty Period, including the extension of the Warranty Period set forth in the proviso in the preceding sentence, shall be remediated at no additional cost to DIR (and Service Provider may not use any resources that are part of the Resource Baselines or otherwise paid for by DIR to perform such remediation). Service Provider shall not use any resources that are part of the Resource Baselines or otherwise paid for by DIR to fix defects, errors, errors or nonconformities caused by Service Provider or Service Provider Agents. For avoidance of doubt, expiration of the Warranty Period shall not relieve Service Provider of its obligations to continue to provide all Services in accordance with the requirements of this Agreement;

Appears in 2 contracts

Samples: Master Services Agreement, Master Services Agreement

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