Common use of Insperity Clause in Contracts

Insperity. We represent and warrant to you that (i) upon delivery, our Cloud-Based Solutions will perform materially in accordance with the applicable User documentation, and (ii) upon delivery, we will use commercially reasonable efforts to ensure that the Insperity Offerings or Insperity Partner Offerings provided to you contain no computer virus, Trojan horse, worm or other similar malicious code, although we do not warranty that our Cloud-Based Solutions are free from all bugs, errors or omissions. The warranties stated are for your sole benefit and may not be extended to any other person or entity. For any breach of the warranties stated above, we will, at our expense, use commercially reasonable efforts to repair or replace the applicable Cloud-Based Solution, so that it performs substantially in accordance with the applicable User documentation. To the extent that we cannot repair or replace the applicable Cloud-Based Solution, your exclusive remedy will be as provided in Section 10.C. (Termination for Cause).

Insperity. We represent and warrant to you that (i) upon delivery, our Cloud-Based Solutions will perform materially in accordance with the applicable User documentation, and (ii) upon delivery, we will use commercially reasonable efforts to ensure that the Insperity Offerings or Insperity Partner Offerings provided to you contain no computer virus, Trojan horse, worm or other similar malicious code, although we do not warranty that our Cloud-Based Solutions are free from all bugs, errors or omissions. The warranties stated are for your sole benefit and may not be extended to any other person or entity. For any breach of the warranties stated above, we will, at our expense, use commercially reasonable efforts to repair or replace the applicable Cloud-Based Solution, so that it performs substantially in accordance with the applicable User documentation. To the extent that we cannot repair or replace the applicable Cloud-Based Solution, your exclusive remedy will be as provided in Section 10.C. (Termination for Cause).