Common use of No Malicious Code Clause in Contracts

No Malicious Code. Clone Systems warrants and represents that: (i) the products and Services provided to End-User (“Deliverables”) at the time of delivery (and, if applicable, installation and configuration by Clone Systems) do not knowingly contain or deliver malicious code designed to permit unauthorized parties to access, modify, delete, damage, deactivate or disable any End-User system, network, device, application, or data, or provide unauthorized access to any End-User system, network, device, application, or data (“Malicious Code”); (ii) it uses and shall continue to use throughout the period of its performance of Services commercially reasonable efforts utilizing generally accepted industry tools and practices such that the Deliverables do not knowingly contain any Malicious Code; and (iii) Clone Systems shall not knowingly introduce Malicious Code into any of End-User’s systems, networks, devices, applications, or data. Upon notice to Clone Systems of the presence of any Malicious Code in Deliverables, Clone Systems will take action immediately to investigate, identify and remove such Malicious Code from the Deliverables, and to assist End-User in the investigation, identification and removal of such Malicious Code from End-User systems, networks, devices, applications or data. In the event the Malicious Code is determined to have originated from Clone Systems, End-User shall not be charged for such work.