Common use of New Media Clause in Contracts

New Media. Media upon which any Software or software customizations are delivered to City by Contractor: 7.1 Shall be new and free from defects in manufacture and materials; 7.2 Shall be manufactured in a good and workmanlike manner using a skilled staff fully qualified to perform their respective duties; 7.3 Shall, during the Warranty Period, function properly under ordinary use and operate in conformance with the specifications; and 7.4 In the event that media on which any Software Application, Customer Software, or Third Party Application Software is delivered is defective and cannot be read or utilized for its intended purpose by Contractor supplied or approved equipment, Contractor shall replace the defective media as soon as possible. Any delays occasioned by the failure of new media shall not be considered excusable delay.

Appears in 3 contracts

Samples: Consultant Agreement, Broadband Equipment and Services Agreement, Energy Trading and Risk Management Software Agreement

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New Media. Media upon which any the Software or software customizations are is delivered to City by ContractorCity: 7.1 12.4.1. Shall be new and shall be free from defects in manufacture and materials;, 7.2 12.4.2. Shall be manufactured in a good and workmanlike manner using a skilled staff fully qualified to perform their respective duties;. 7.3 12.4.3. Shall, during the any Warranty Period, function properly under ordinary use and operate in conformance with the specifications; andSpecifications. 7.4 12.4.4. In the event that media on which any Software Applicationsoftware application, Customer Softwarecustom software, or Third Party Application Software third party application software is delivered is defective and cannot be read or utilized for its intended purpose by Contractor supplied or approved equipment, Contractor shall replace the defective media as soon as possible. Any delays occasioned by the failure of new media shall not be considered an excusable delay.

Appears in 3 contracts

Samples: Community Wifi Deployment Agreement, Community Wifi Deployment Agreement, Garage Level Space Counting System Agreement

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New Media. Media To the extent applicable, media upon which any Software or software customizations are delivered to City by Contractor: 7.1 8.1 Shall be new and free from defects in manufacture and materials; 7.2 8.2 Shall be manufactured in a good and workmanlike manner using a skilled staff fully qualified to perform their respective duties; 7.3 8.3 Shall, during the Warranty Period, function properly under ordinary use and operate in conformance with the specifications; and 7.4 8.4 In the event that media on which any Software Applicationsoftware application, Customer Softwarecustomer software, or Third Party Application Software third party application software is delivered is defective and cannot be read or utilized for its intended purpose by Contractor supplied or approved equipment, Contractor shall replace the defective media as soon as possible. Any delays occasioned by the failure of new media shall not be considered excusable delay.

Appears in 1 contract

Samples: Smart Outdoor Lighting Management Solution Agreement

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