Common use of Function Clause in Contracts

Function. Company represents and warrants that the Software shall meet the functional and performance criteria as set forth in the Agreement, the PA, in this Exhibit and the Documentation, including, without limitation, maximum response times and availability. Company shall correct any failure of the Software to operate in accordance with the performance warranties set forth in this Section by providing additional hardware, Software or services to Saint Luke’s at no additional cost. In the event Company is unable to correct such failure within ten (10) calendar days of when the problem was reported to Company, a breach shall be deemed to have occurred, and Saint Luke’s shall be entitled to seek the rights and remedies available to it under the Agreement. Company also represents and warrants that the Software is compatible with the Products and Equipment specified in the Documentation. In the event that such software modifications, versions, Updates, upgrades or enhancements are received by Saint Luke’s with incomplete or reduced functionality, Company will continue to maintain the version of the product and equipment containing the functionality initially licensed by Saint Luke’s until such Software modification, Version, Update, upgrade or enhancement is modified to restore all original functionality in good working order and received by Saint Luke’s.

Function. Company represents and warrants that the Software shall meet the functional and performance criteria as set forth in the Agreement, the PA, in this Exhibit and the Documentation, including, without limitation, maximum response times and availability. Company shall correct any failure of the Software to operate in accordance with the performance warranties set forth in this Section by providing additional hardware, Software or services to Saint Luke’s at no additional cost. In the event Company is unable to correct such failure within ten (10) calendar days of when the problem was reported to Company, a breach shall be deemed to have occurred, and Saint Luke’s shall be entitled to seek the rights and remedies available to it under the Agreement. Company also represents and warrants that the Software is compatible with the Products and Equipment specified in the Documentation. In the event that such software modifications, versions, Updates, upgrades or enhancements are received by Saint Luke’s with incomplete or reduced functionality, Company will continue to maintain the version of the product and equipment containing the functionality initially licensed by Saint Luke’s until such Software modification, Version, Update, upgrade or enhancement is modified to restore all original functionality in good working order and received by Saint Luke’s.

Function. Company represents and warrants that the Software shall meet the functional and performance criteria as set forth in the Agreement, the PA, in this Exhibit and the Documentation, including, without limitation, maximum response respon se times and availability. Company shall correct any failure of the Software to operate in accordance with the performance warranties set forth in this Section by providing additional hardware, Software or services to Saint Luke’s at no additional cost. In I n the event Company is unable to correct such failure within ten (10) calendar days of when the problem was reported to Company, a breach shall be deemed to t o have occurred, and Saint Luke’s shall be entitled to seek the rights and remedies available to it under u nder the Agreement. Company also represents and warrants that the Software is compatible with the Products and Equipment specified in the Documentation. In the event that such software softwa re modifications, versions, Updates, upgrades or enhancements are received by Saint LukeLu ke’s with incomplete or reduced functionality, Company will continue to maintain the version of the product and equipment containing the functionality initially licensed by Saint Luke’s until such Software modification, Version, Update, upgrade or enhancement enhancem ent is modified to restore all original functionality in good working order and received by Saint Luke’s.