Common use of Modified or Altered Wets Workflow Clause in Contracts

Modified or Altered Wets Workflow. The obligation to provide maintenance and support services hereunder will be void as to (i) any Wets Workflow that has been damaged, modified, or altered (other than by IM or as authorized in writing by an officer of IM), unless ATMI can demonstrate by clear and convincing evidence that the modification or alteration did not cause the non-conformity, in whole or in part, (ii) nonconformities, in whole or in part, arising from use of the Wets Workflow with any other hardware, software, firmware, devices, or other products not provided by IM, or (iii) Equipment or Informatics Hardware that has been subjected to unusual physical, chemical or electrical stress, or that has been operated without regard to any limitations defined in the Equipment Specifications.

Appears in 4 contracts

Samples: Workflow Purchase Agreement (Intermolecular Inc), Workflow Purchase Agreement (Intermolecular Inc), Workflow Purchase Agreement (Intermolecular Inc)

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