Installation and Functionality Clause Samples

Installation and Functionality. The Constructed BPL Network, and all equipment, products and components comprising it, were installed and deployed in a workmanlike and professional manner in all material respects without any patent or latent defects and in a commercially reasonable manner and in accordance with the Product Specifications (as defined below) and in compliance with any applicable standards, including the National Electrical Safety Code and Oncor-provided applicable standards and procedures, except (i) with respect to fiber optic cable that is installed in the so-called “power zone” on utility poles and used for carrying data, and (ii) with respect to the Constructed BPL Network, and all equipment, products and components comprising it that was installed by Buyer or its Affiliates (or by any entity acting as a subcontractor to Buyer or its Affiliates in connection with such installation), to the extent that Buyer or its Affiliates (or by any entity acting as a subcontractor to Buyer or its Affiliates in connection with such installation) did not install any portion of the Constructed BPL Network, or any equipment, products and components comprising it in accordance with the written instructions from Seller, Product Specifications, manufacturer specifications provided by Seller to Buyer or its Affiliates or the installer thereof, the National Electrical Safety Code, Oncor-provided applicable standards and procedures, or the IES Services Agreement. The Constructed BPL Network when operated in conjunction with the software licensed under the License Agreement complies in all material respects with and meets all applicable requirements imposed by the Applicable Law and, other than with respect to those meters and BPL Equipment that are inactive, not operational or not installed within the Constructed BPL Network, has the capability to satisfy the functionality specifications as agreed to and subject to the conditions set forth in Schedule E to this Agreement but for configurations within Buyer’s electric distribution network where the BPL Equipment will not be able to read or otherwise communicate with meters absent additional equipment and solutions.