New Technology; End-Use Testing Sample Clauses
New Technology; End-Use Testing. DIRECTV makes no representation or warranty as to how any commercially available Components will perform with the DIRECTV System in any particular MDU Property or how the DIRECTV System itself will perform in certain MDU environments. System Operators shall be jointly and severally responsible for procuring and testing any and all Components in the end-use environment prior to the design, development and installation of the Signal Distribution System and for maintenance of any such Components that fail to perform adequately in the end-use environment in order that the Signal Distribution System will, at all times during the Term of this Agreement, meet or exceed the Technical Specifications. Any failure of the Signal Distribution System to meet the Technical Specifications shall be the responsibility of System Operator, and System Operator agrees to indemnify and hold DIRECTV harmless from any and all Claims (as such term is defined in the Indemnification section of the Terms and Conditions attached hereto as Exhibit A) from SO Subscribers arising from the failure of the Signal Distribution System to deliver the necessary signal to such subscribers and from failure of the Signal Distribution System to meet the Technical Specifications.
