Common use of LIMITED WARRANTIES AND REMEDIES FOR BREACH OF WARRANTY Clause in Contracts

LIMITED WARRANTIES AND REMEDIES FOR BREACH OF WARRANTY. A. CGI warrants that, during the Warranty Period specified in the applicable Exhibit A, performance of the Software will not deviate materially from its specifications as identified in the applicable Exhibit A (the “Specifications”). A material deviation of the Software from its Specifications is referred to in this Agreement as an “Error.” If Customer believes there has been a breach of this warranty it must notify CGI in writing within the Warranty Period describing the Error in sufficient detail to enable CGI to recreate it. If there has been a breach of this warranty, then CGI’s sole obligation, and Customer’s exclusive remedy, will be for CGI to correct the Error at no charge. However, if CGI is unable to correct breach of this warranty after repeated efforts, Customer will also be entitled to an equitable adjustment in the CGI charges for the Software (up to the total amount of such charges under this Agreement) to reflect any reduction in the value of the Software as a result of the uncorrected Error. CGI may investigate and correct breaches of warranty at CGI’s offices to the extent possible. If Customer requires CGI to travel to Customer’s place of business to correct a breach of warranty that could have reasonably been corrected at CGI’s place of business, Customer will reimburse CGI for the reasonable travel time and reimbursable expenses of CGI’s personnel in accordance with the State of Texas Travel Management Guidelines maintained by the Comptroller of Public Accounts. If a reported breach of warranty is attributable to a cause other than a breach of this warranty, then CGI will be entitled to payment for its investigation and correction efforts on a time and materials basis at CGI’s then-current rates as exhibited in Appendix C of DIR Contract No. DIR-TSO-3826. B. CGI warrants that the Software and Documentation do not, to CGI’s knowledge, infringe any third party copyrights, patents or trade secrets that exist on the Effective Date and that arise or are enforceable under the laws of the United States of America. Infringement shall be in accordance with Appendix A, Section 10A of the DIR Contract DIR-TSO- 3826. C. CGI is not responsible for any claimed breaches of the foregoing warranties caused by: (i) modifications made to the Software or Documentation by anyone other than CGI and its subcontractors working at CGI’s direction; (ii) the combination, operation or use of the Software or Documentation with any items that CGI did not supply; (iii) Customer’s failure to use any new or corrected versions of the Software or Documentation made available by CGI; or (iv) CGI’s adherence to Customer’s specifications or instructions. D. CGI does not warrant that the Software will be error-free or that its operation will be uninterrupted. Customer acknowledges that it is responsible for the results obtained from use of the Software, including without limitation the completeness, accuracy and content of such results. Customer acknowledges further that it is responsible for independent verification and testing of any such results prior to using them in its business. E. THE FOREGOING WARRANTIES ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, INTEGRATION, PERFORMANCE AND ACCURACY AND ANY IMPLIED WARRANTIES ARISING FROM STATUTE, COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE.

LIMITED WARRANTIES AND REMEDIES FOR BREACH OF WARRANTY. A. CGI warrants thatwarrants, during for a period of thirty (30) calendar days commencing when the Warranty Period specified Services are performed, that the Services will be performed in a workmanlike manner consistent with industry standards reasonably applicable to the applicable Exhibit A, performance of the Software will not deviate materially from its specifications as identified in the applicable Exhibit A (the “Specifications”)such Services. A material deviation of the Software from its Specifications is referred to in this Agreement as an “Error.” If Customer Client believes there has been a breach of this warranty warranty, it must notify CGI in writing within the Warranty Period describing warranty period stating in reasonable detail the Error in sufficient detail to enable CGI to recreate itnature of the alleged breach. If there has been a breach of this warranty, then CGI’s sole obligation, and CustomerClient’s exclusive remedy, will be for CGI to correct the Error or re-perform, at no additional charge. However, if CGI is unable any affected Services to correct breach of this warranty after repeated efforts, Customer will also be entitled cause them to an equitable adjustment in the CGI charges for the Software (up to the total amount of such charges under this Agreement) to reflect any reduction in the value of the Software as a result of the uncorrected Error. CGI may investigate and correct breaches of warranty at CGI’s offices to the extent possible. If Customer requires CGI to travel to Customer’s place of business to correct a breach of warranty that could have reasonably been corrected at CGI’s place of business, Customer will reimburse CGI for the reasonable travel time and reimbursable expenses of CGI’s personnel in accordance comply with the State of Texas Travel Management Guidelines maintained by the Comptroller of Public Accounts. If a reported breach of warranty is attributable to a cause other than a breach of this warranty, then CGI will be entitled to payment for its investigation and correction efforts on a time and materials basis at CGI’s then-current rates as exhibited in Appendix C of DIR Contract No. DIR-TSO-3826. B. CGI warrants that the Software and Documentation do any original works of authorship developed by CGI personnel under a Statement of Work, including their use by Client in unaltered form, will not, to CGI’s knowledge, infringe any third party copyrights, patents or trade secrets that exist on the Effective Date and that arise or are enforceable under the laws of the United States of America. (1) If a third party brings an action against Client making allegations that, if true, would constitute a breach of this warranty, then CGI will, at its own expense and subject to the provisions of Section 8.C, defend, indemnify and hold Client harmless in such proceeding, and CGI will pay all settlements, costs, damages and legal fees finally awarded. (2) If such a proceeding is brought or appears to CGI to be likely to be brought, CGI may, at its sole option and expense, either obtain the right for Client to continue using the allegedly infringing item(s) or replace or modify the item(s) to resolve such proceeding. Infringement shall be If CGI finds that neither of these alternatives is available to it on commercially reasonable terms, CGI may require Client to return the allegedly infringing item(s), in accordance with Appendix A, Section 10A which case Client will receive a refund of the DIR Contract DIRamounts paid by it for the returned item(s), less a reasonable adjustment for depreciation of the returned item(s). This Section 6.B states CGI’s entire obligation to Client and Client’s exclusive remedy with respect to any claim of infringement and is in lieu of any implied warranties of non- infringement or non-TSO- 3826interference with use and enjoyment of information. C. CGI may investigate and correct breaches of warranty at CGI’s offices to the extent possible. If Client requires CGI to travel to Client’s place of business to correct a breach of warranty that could have reasonably been corrected at CGI’s place of business, Client will reimburse CGI for the reasonable travel time and Reimbursable Expenses of CGI’s personnel. If a reported breach of warranty is attributable to a cause other than a breach of the applicable CGI warranty, then CGI will be entitled to payment for its investigation and correction efforts on a time and materials basis at the rates applicable to the Statement of Work pursuant to Section 2. D. CGI is not responsible for any claimed breaches of the foregoing warranties caused by: (i) modifications made to the Software or Documentation item in question by anyone other than CGI and its subcontractors working at CGI’s direction; (ii) the combination, operation or use of the Software or Documentation item with any other items that CGI did not supply; (iii) CustomerClient’s failure to use any new or corrected versions of the Software or Documentation item made available by CGI; or (iv) CGI’s adherence to CustomerClient’s specifications or instructions. D. CGI does not warrant that the Software will be error-free or that its operation will be uninterrupted. Customer acknowledges that it is responsible for the results obtained from use of the Software, including without limitation the completeness, accuracy and content of such results. Customer acknowledges further that it is responsible for independent verification and testing of any such results prior to using them in its business. E. THE FOREGOING WARRANTIES ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, INTEGRATION, PERFORMANCE AND ACCURACY AND ANY IMPLIED WARRANTIES ARISING FROM STATUTE, COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE.

LIMITED WARRANTIES AND REMEDIES FOR BREACH OF WARRANTY. A. CGI warrants that, during the Warranty Period specified in the applicable Exhibit A, performance of the Software will not deviate materially from its specifications as identified in the applicable Exhibit A (the “Specifications”). A material deviation of the Software from its Specifications is referred to in this Agreement as an “Error.” If Customer believes there has been a breach of this warranty it must notify CGI in writing within the Warranty Period describing the Error in sufficient detail to enable CGI to recreate it. If there has been a breach of this warranty, then CGI’s sole obligation, and Customer’s exclusive remedy, will be for CGI to correct or modify the Error at no charge. However, if CGI is unable to correct a breach of this warranty after repeated efforts, Customer will also be entitled to an equitable adjustment in the CGI charges for the Software (up to the total amount of such charges under this Agreement) to reflect any reduction in the value of the Software as a result of the uncorrected Error. CGI may investigate and correct breaches of warranty at CGI’s offices to the extent possible. If Customer requires CGI to travel to Customer’s place of business to correct a breach of warranty that could have reasonably been corrected at CGI’s place of business, Customer will reimburse CGI for the reasonable reimbursable travel time and reimbursable expenses of CGI’s personnel in accordance with the State Appendix A, Section 8.F. of Texas Travel Management Guidelines maintained by the Comptroller of Public AccountsDIR Contract No. DIR-TSO-2567. If a reported breach of warranty is attributable to a cause other than a breach of this warranty, then CGI will be entitled to payment for its investigation and correction efforts on a time and materials basis at CGI’s then-current the rates as exhibited set forth in Appendix C of DIR Contract No. DIR-TSO-3826TSO-2567. B. CGI warrants that the Software and Documentation do not, to CGI’s knowledge, not infringe any third party copyrights, patents or trade secrets that exist on the Effective Date and that arise or are enforceable under the laws of the United States of America. (1) If a third party brings an action against Customer making allegations that, if true, would constitute a breach of this warranty, then CGI will, at its own expense and subject to the infringement indemnity provisions of Section 10.A.3 of Appendix A of DIR Contract No. Infringement shall DIR-TSO-2567, defend, indemnify and hold Customer harmless in such proceeding, and CGI will pay all settlements, costs, damages and legal fees finally awarded. If such a proceeding is brought or appears to CGI to be likely to be brought, CGI may, at its sole option and expense, either obtain the right for Customer to continue using the allegedly infringing item(s) or replace or modify the item(s) to resolve such proceeding. If after exercising prompt and diligent efforts to accomplish the foregoing options, CGI finds that neither of these alternatives is available to it on commercially reasonable terms, CGI may require Customer to return the allegedly infringing item(s), in accordance with Appendix Awhich case Customer will receive a refund of the amounts paid by it for the returned item(s), Section 10A less a reasonable adjustment for depreciation of the returned item(s). If CGI terminates customer’s access due to infringement claims then, regardless of any other provision of this agreement or the DIR Contract No. DIR-TSO- 3826TSO-2567, CGI will be liable for all damages suffered by customer from the termination of access. This Section 5.B states CGI’s entire obligation to Customer and Customer’s exclusive remedy with respect to any claim of infringement and is in lieu of any implied warranties of non-infringement or non-interference with use and enjoyment of information. C. CGI is not responsible for any claimed breaches of the foregoing warranties caused by: (i) modifications made to the Software or Documentation by anyone other than CGI and its subcontractors working at CGI’s direction; (ii) the combination, operation or use of the Software or Documentation with any items that CGI did not supply; (iii) Customer’s failure to use any new or corrected versions of the Software or Documentation made available by CGI; or (iv) CGI’s adherence to Customer’s specifications or instructions. D. CGI does not warrant that the Software will be error-free or that its operation will be uninterrupted. Customer acknowledges that it is responsible for the results obtained from use of the Software, including without limitation the completeness, accuracy and content of such results. Customer acknowledges further that it is responsible for independent verification and testing of any such results prior to using them in its business. E. THE FOREGOING WARRANTIES ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, INTEGRATION, PERFORMANCE AND ACCURACY AND ANY IMPLIED WARRANTIES ARISING FROM STATUTE, COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE.

LIMITED WARRANTIES AND REMEDIES FOR BREACH OF WARRANTY. A. CGI warrants that, during the Warranty Period specified in the applicable Exhibit A, performance of the Software will not deviate materially from its specifications as identified in the applicable Exhibit A (the “Specifications”). A material deviation of the Software from its Specifications is referred to in this Agreement as an “Error.” If Customer believes there has been a breach of this warranty it must notify CGI in writing within the Warranty Period describing the Error in sufficient detail to enable CGI to recreate it. If there has been a breach of this warranty, then CGI’s sole obligation, and Customer’s exclusive remedy, will be for CGI to correct or modify the Error at no charge. However, if CGI is unable to correct breach of this warranty after repeated efforts, Customer will also be entitled to an equitable adjustment in the CGI charges for the Software (up to the total amount of such charges under this Agreement) to reflect any reduction in the value of the Software as a result of the uncorrected Error. CGI may investigate and correct breaches of warranty at CGI’s offices to the extent possible. If Customer requires CGI to travel to Customer’s place of business to correct a breach of warranty that could have reasonably been corrected at CGI’s place of business, Customer will reimburse CGI for the reasonable travel time and reimbursable expenses of CGI’s personnel in accordance with the State of Texas Travel Management Guidelines maintained by the Comptroller of Public Accountspersonnel. If a reported breach of warranty is attributable to a cause other than a breach of this warranty, then CGI will be entitled to payment for its investigation and correction efforts on a time and materials basis at CGI’s then-current rates as exhibited rates. The warranty shall be valid only if standard software is used in Appendix C the agreed operating environment or in another operating environment specified by CGI. The correction of DIR Contract No. DIR-TSO-3826an error may also take place by providing a workaround or by providing the Customer with written instructions to bypass the error, if this can take place without additional costs or substantial inconvenience to the Customer. B. CGI warrants that the Software and Documentation do not, to CGI’s knowledge, not infringe any third party copyrights, patents or trade secrets that exist on the Effective Date and that arise or are enforceable under the laws of the United States of America. Infringement shall be in accordance with Appendix A, Section 10A of the DIR Contract DIR-TSO- 3826TSO-3826. C. CGI is not responsible for any claimed breaches of the foregoing warranties caused by: (i) modifications made to the Software or Documentation by anyone other than CGI and its subcontractors working at CGI’s direction; (ii) the combination, operation or use of the Software or Documentation with any items that CGI did not supply; (iii) Customer’s failure to use any new or corrected versions of the Software or Documentation made available by CGI; or (iv) CGI’s adherence to Customer’s specifications or instructions. D. CGI does not warrant that the Software will be error-free or that its operation will be uninterrupted. Customer acknowledges that it is responsible for the results obtained from use of the Software, including without limitation the completeness, accuracy and content of such results. Customer acknowledges further that it is responsible for independent verification and testing of any such results prior to using them in its business. E. THE FOREGOING WARRANTIES ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, INTEGRATION, PERFORMANCE AND ACCURACY AND ANY IMPLIED WARRANTIES ARISING FROM STATUTE, COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. F. After the expiration of the warranty period CGI’s liability for the errors in the Software shall be limited to the obligations under a the maintenance and support agreement, if any.