Common use of Ongoing Warranties Clause in Contracts

Ongoing Warranties. Supplier makes the following ongoing representations and warranties: 1. it has the right to enter into this Agreement and its performance of this Agreement will comply, at its own expense, with the terms of any contract, obligation, law, regulation or ordinance to which it is or becomes subject; 2. no claim, lien, or action exists or is threatened against Supplier that would interfere with Buyer’s use or sale of the Products; 3. Products and Services do not infringe any intellectual property right of a third party; 4. all authors have agreed not to assert their moral rights (personal rights associated with authorship of a work under applicable law) in the Products, to the extent permitted by law; 5. Products are free from defects in material and workmanship and will conform to the warranties, specifications and requirements, including but not limited to quality requirements in this Agreement for the time period as specified in the relevant SOW and/or WA; 6. Products are free of defects in design (except for written designs provided by Buyer unless the defects in Buyer’s designs are based on Supplier’s specifications); 7. Products are safe for use consistent with and will comply with the warranties, specifications and requirements in this Agreement; 8. Products and Services which interact in any capacity with monetary data are euro ready such that when used in accordance with their associated documentation they are capable of correctly processing monetary data in the euro denomination and respecting the euro currency formatting conventions (including the euro sign); 9. none of the Products contain nor are any of the Products manufactured using ozone depleting substances such as halons, chlorofluorocarbons, hydrochlorofluorocarbons, methyl chloroform and carbon tetrachloride as defined by the Montreal Protocol , and as also specified in the relevant SOW and/or WA; 10. Products are new and do not contain used or reconditioned parts, unless otherwise specified in the relevant SOW and/or WA; 11. to the extent Products include software code (including without limitation firmware, BIOS, and device drivers), Products contain no harmful code; 12. all Products and all parts of Products, including, but not limited to parts that may be identified as field replacement units, customer replacement units, spare parts, and/or parts that have any floppy disk controller functions and other storage devices shall not experience any measurable loss of data, and shall conform with any other related requirements specified in the relevant SOW and/or WA; 13. all Products will process date data correctly (including, without limitation, correctly processing, providing, receiving, and displaying date data within and between the twentieth and twenty-first centuries), and are designed to exchange date data accurately and correctly with other products (including, without limitation, hardware, code, other software, and firmware) when used with products which are designed to exchange date data accurately and correctly;

Ongoing Warranties. Supplier makes the following ongoing representations and warranties: 1. it Supplier has the right to enter into this Agreement and its performance of this Agreement will comply, at its own expense, with the terms of any contract, obligation, law, regulation or ordinance to which it is or becomes subject; 2. no No claim, lien, or action exists or is threatened against Supplier that would interfere with Buyer’s 's use or sale of the Products; 3. Products and Services do not infringe any intellectual property right of a third party; 4. all authors have agreed not to assert their moral rights (personal rights associated with authorship of a work under applicable law) in the Products, to the extent permitted by law; 5. Products and Parts thereof, are free from defects in material and workmanship and will conform to the warranties, specifications and requirements, including but not limited to quality requirements in this Agreement for the time period as specified in the relevant SOW and/or WA; 6. Products are free of defects in design (except for written designs provided by Buyer unless the defects in Buyer’s such designs are based entirely on Supplier’s 's specifications), material and workmanship and the Products, or Parts thereof, will conform to the Functional Specifications and requirements for the Product as specified in the relevant SOW and/or WA, including but not limited to quality requirements, for the applicable time period from the date of transfer of title to Product from Supplier to Buyer as specified in the relevant SOW and/or WA (the "Applicable Warranty Period"); 74. Products are safe for use consistent with with: (i) the warranties in subsections 6.1 (3), 6.1 (6), 6.1 (7) and will comply with 6.1 (8), and (ii) the warranties, Functional Specification and specifications and requirements for the Products as set forth in this Agreementthe relevant SOW and/or WA; 85. Products and Services which interact in any capacity with monetary data are euro ready such that when used in accordance with their associated documentation they are capable of correctly processing monetary data in the euro denomination and respecting the euro currency formatting conventions (including the euro sign); 96. none of the Products contain neither contain, nor are any of the Products manufactured using using, ozone depleting substances such known as halons, chlorofluorocarbons, hydrochlorofluorocarbons, methyl chloroform and carbon tetrachloride as defined by the Montreal Protocol , and as also specified in the relevant SOW and/or WAProtocol; 107. Products are new and do not contain used or reconditioned parts, unless otherwise specified in the relevant SOW and/or WA;Parts; other than Products that are supplied to Buyer to fulfill redemption of a warranty requirement, 118. to the extent Products include software code (including without limitation firmware, BIOSSupplier is knowledgeable with respect to, and device drivers)is and will remain in full compliance with, Products contain no harmful code; 12. all Products applicable export and all parts of Productsimport laws, regulations, orders, and policies (including, but not limited to, securing all necessary clearance requirements, export and import licenses and exemptions from, and making all proper filings with appropriate governmental bodies and/or disclosures relating to parts the release or transfer of technology and software to non U.S. nationals); 9. Supplier will not export, directly or indirectly, any technology, software or commodities provided by Buyer (or their direct product to any of the countries or to nationals of those countries), listed in U.S. Export Administration Regulations' Country Groups D:l and E:2, as modified from time to time, unless authorized by appropriate government license or regulations; 10. Supplier will not use, disclose, or transfer across borders any information that is processed for Buyer that may be identified as field replacement unitsidentify an individual (Personal Data), customer replacement unitsexcept to the extent necessary to perform under this Agreement; and 11. Supplier will comply with all applicable data privacy laws and regulations, spare parts, and/or parts that have any floppy disk controller functions will implement and maintain appropriate technical and other storage devices shall not experience any measurable loss of dataprotections for the Personal Data, and shall conform will cooperate fully with any other related requirements specified in the relevant SOW and/or WA; 13. all Products will process date data correctly (includingBuyer's requests for access to, without limitation, correctly processing, providing, receivingcorrection of, and displaying date data within destruction of Personal Data in Supplier's possession. 12. Supplier shall use commercially reasonable efforts to ensure Supplier's Software is not contaminated by Harmful Code. The limited warranties set forth in Section 6.1 are made to and between for the twentieth and twenty-first centuries), benefit of Buyer only and are designed to exchange date data accurately and correctly with other products (includingnontransferable. SUCH WARRANTIES ARE IN LIEU OF ALL OTHER WARRANTIES AND CONDITIONS, without limitationWHETHER EXPRESS, hardwareIMPLIED OR STATUTORY, codeAND SUPPLIER DISCLAIMS ANY WARRANTIES OR CONDITIONS OF MERCHANTABILTY, other softwareNONINFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE PRODUCTS AND ANY OTHER MATERIALS AND SERVICES PROVIDED UNDER THIS AGREEMENT, and firmware) when used with products which are designed to exchange date data accurately and correctly;AND WITH RESPECT TO THE USE OF ANY OF THE FOREGOING.

Ongoing Warranties. Supplier makes the following ongoing representations and warranties: 1. it has the right to enter into this Agreement and its performance of this Agreement will complycomply , at its own expense, with the terms of any contract, obligation, law, regulation or ordinance to which it is or becomes subject;; and will ensure that the non-compliance by Supplier with the terms of any contract obligations between Supplier and any third parties will not affect the Services or Deliverables. 2. it is incorporated or organized as a joint stock corporation (kabushiki kaisha) 3. no claim, lien, or action exists or is threatened against Supplier that would interfere with BuyerSupplier’s use or sale performance of the Productsits obligations under this Agreement; 34. Products Supplier is in compliance with all licensing agreements related to third party code, if any, included in or provided in connection with Deliverables; 5. Deliverables and Services do not infringe any privacy, publicity, reputation or intellectual property right of a third party; 46. all authors have agreed not to assert their moral rights (personal rights associated with authorship of a work under applicable law) in the ProductsDeliverables, to the extent permitted by law; 57. Products Deliverables, except for Program Products, are free from defects in material and workmanship for one year from the date of acceptance. Except for this one year limitation that applies to defects in material and workmanship, Deliverables and Services will conform to the warranties, specifications and requirements, including but not limited to quality requirements in this Agreement for the time period as specified in the relevant SOW and/or WA; 6. Products are free of defects in design (except for written designs provided by Buyer unless the defects in Buyer’s designs are based on Supplier’s specifications); 7. Products are safe for use consistent with and will comply with the warranties, specifications and requirements in this Agreement; 8. Products and Services which interact it will not engage in any capacity with monetary data are euro ready such that when used in accordance with their associated documentation they are capable of correctly processing monetary data in the euro denomination and respecting the euro currency formatting conventions (including the euro sign)Electronic Self-Help; 9. none of Deliverables are safe for use consistent with the Products contain nor are any of the Products manufactured using ozone depleting substances such warranties, specifications (as halons, chlorofluorocarbons, hydrochlorofluorocarbons, methyl chloroform and carbon tetrachloride as defined by the Montreal Protocol set forth in an SOW or WA, and as also specified may be supplemented by the relevant portion of Supplier’s publicly available service guide relating to such Deliverable, but only to the extent such specifications for such Deliverable are not set forth in an SOW or WA) and requirements in this Agreement; 10. Intentionally Omitted; 11. Services will be performed using reasonable care and skill and in accordance with the relevant SOW and/or WA; 1012. Products are new it is knowledgeable with, and do not contain used or reconditioned partsis and will remain in full compliance with all applicable export and import laws, unless otherwise specified in the relevant SOW and/or WAregulations, orders, and policies; 1113. upon Buyer’s request, it will promptly provide all information necessary to the extent Products include software code (including without limitation firmware, BIOS, export and device drivers), Products contain no harmful code; 12. all Products and all parts of Productsimport Deliverables under this Agreement, including, as applicable, the Export Control Classification Numbers (ECCN) and subheadings or munitions list category number, and will notify Buyer in writing of any changes to the information provided by Supplier to export and import Deliverables under this Agreement; With regard to the WAs and SOWs in existence as of the Effective Date for Existing Customers, Supplier may pass through to Buyer any associated third party charges by itemizing them on the invoice for the applicable Deliverable and attaching supporting documentation. 14. unless authorized by applicable government license or regulation, including but not limited to parts any U.S. authorization, Supplier will not directly or indirectly export or re-export, at any time, any technical information, technology, software, or other commodity furnished or developed under this, or any other, agreement between the parties, or any other product that is developed or produced from or using Buyer's technical information, technology, software, or other commodity provided under this Agreement to any prohibited country (including release of such technical information, technology, software, or other commodity to nationals, wherever they may be identified located, of any prohibited country) as field replacement unitsspecified in applicable export, customer replacement unitsembargo, spare partsand sanctions regulations; 15. it will not use, and/or parts disclose, or transfer across borders any Personal Data that have any floppy disk controller functions is processed for Buyer, except to the extent necessary to perform under this Agreement; and 16. it will comply with all applicable data privacy laws and regulations, will implement and maintain appropriate technical and organizational measures and other storage devices shall not experience any measurable loss of dataprotections for the Personal Data, and shall conform with any other related requirements specified in the relevant SOW and/or WA; 13. all Products will process date data correctly (including, without limitation, correctly processingnot loading any Personal Data provided to Supplier on (a) any laptop computers or (b) any portable storage media that can be removed from Supplier’s premises unless, providingin each case,(i) such data has been encrypted and (ii) such data is loaded onto portable storage media solely for the purpose of moving such data to off-site storage). Further, receivingit will report to Buyer any breaches of security of Personal Data immediately after discovery thereof if the Personal Data was, or could be, accessed, used or acquired by an unauthorized person or compromised in any way and will cooperate fully with Buyer in investigating any such breaches or compromises, will cooperate fully with Buyer’s requests for access to, correction of, and displaying date data within and between the twentieth and twenty-first centuries)destruction of Personal Data in Supplier’s possession, and are designed will comply with all instructions or other requirements provided or issued by Buyer from time to exchange date data accurately time relating to Personal Data. 17. it is familiar with all local laws and correctly with other products regulations pertaining to bribery, corruption and prohibited business practices and has not and will not partake in any actions in relation to the transactions contemplated herein in violation of such laws; 18. it and its Affiliates has not and will not offer, promise or make or agree to make payments or gifts (including, without limitation, hardware, code, other software, and firmwareof money or anything of value) when used with products which are designed directly or indirectly to exchange date data accurately and correctlyanyone for the purpose of influencing or inducing anyone to influence decisions in favor of Buyer;

Ongoing Warranties. Supplier makes the following ongoing representations and warranties: 1. : (i) it has the right to enter into this Agreement and its performance of this Agreement will comply, at its own expense, with not violate the terms of any contract, obligation, law, regulation or ordinance to which it is or becomes subject; 2. ; (ii) no claim, lien, or action exists or is threatened against Supplier that would interfere with Buyer’s rights under this Agreement; (iii) Deliverables are safe for any use consistent with and will comply with the warranties, specifications and requirements in this Agreement; (iv) Services will be performed using reasonable care and skill and in accordance with the Licensed & Developed Works Agreement # PDSC-99-1146 LDWAR3 (03/30/99) Modified 3 of 7 Form Release: 8/98 Revision: 2/99 relevant SOW; (v) Deliverables and Services which interact in any capacity with date data are Year 2000 ready such that when used in accordance with their associated documentation they are capable of correctly processing, providing, receiving and displaying date data, as well as exchanging accurate date data with all products with which the Deliverables or sale of Services are intended to be used within and between the Products; 3. Products twentieth and twenty-first centuries; vi) Deliverables will be tested for, and do not contain, harmful code; (vii) Deliverables and Services do not infringe any privacy, publicity, reputation or intellectual property right of a third party; 4. ; and (viii) all authors have agreed not to assert their moral rights (personal rights associated with authorship of a work under applicable law) in the ProductsDeliverables, to the extent permitted by law; 5. Products are free from defects in material and workmanship and will conform to the warrantiesTHE WARRANTIES AND CONDITIONS IN THIS AGREEMENT ARE IN LIEU OF ALL OTHER WARRANTIES AND CONDITIONS, specifications and requirementsEXPRESS OR IMPLIED, including but not limited to quality requirements in this Agreement for the time period as specified in the relevant SOW and/or WA; 6. Products are free of defects in design (except for written designs provided by Buyer unless the defects in Buyer’s designs are based on Supplier’s specifications); 7. Products are safe for use consistent with and will comply with the warranties, specifications and requirements in this Agreement; 8. Products and Services which interact in any capacity with monetary data are euro ready such that when used in accordance with their associated documentation they are capable of correctly processing monetary data in the euro denomination and respecting the euro currency formatting conventions (including the euro sign); 9. none of the Products contain nor are any of the Products manufactured using ozone depleting substances such as halons, chlorofluorocarbons, hydrochlorofluorocarbons, methyl chloroform and carbon tetrachloride as defined by the Montreal Protocol , and as also specified in the relevant SOW and/or WA; 10. Products are new and do not contain used or reconditioned parts, unless otherwise specified in the relevant SOW and/or WA; 11. to the extent Products include software code (including without limitation firmware, BIOS, and device drivers), Products contain no harmful code; 12. all Products and all parts of Products, including, but not limited to parts that may be identified as field replacement units, customer replacement units, spare parts, and/or parts that have any floppy disk controller functions and other storage devices shall not experience any measurable loss of data, and shall conform with any other related requirements specified in the relevant SOW and/or WA; 13. all Products will process date data correctly (including, without limitation, correctly processing, providing, receiving, and displaying date data within and between the twentieth and twenty-first centuries), and are designed to exchange date data accurately and correctly with other products (including, without limitation, hardware, code, other software, and firmware) when used with products which are designed to exchange date data accurately and correctly;INCLUDING THOSE WARRANTIES OR CONDITIONS OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE.

Ongoing Warranties. Supplier makes the following ongoing representations and warranties: 1. : (i) it has the right to enter into this Agreement and its performance of this Agreement will comply, at its own expense, with the terms of any contract, obligation, law, regulation or ordinance to which it is or becomes subject; 2. subject (including but not limited to all applicable export and import laws); (ii) no claim, lien, lien or action exists or is threatened against Supplier that would interfere with Buyer’s use or sale of the Products; 3. Products and Services do not infringe any intellectual property right of a third party; 4. all authors have agreed not to assert their moral 's rights under this Agreement; (personal rights associated with authorship of a work under applicable lawiii) in the Products, to the extent permitted by law; 5. Products are free from defects in material and workmanship and will conform to the warranties, specifications and requirements, including but not limited to quality requirements in this Agreement for the time period as specified in the relevant SOW and/or WA; 6. Products are free of defects in design (except for written designs provided by Buyer unless the defects in Buyer’s designs are based on Supplier’s specifications); 7. Products Deliverables are safe for any use consistent with and will comply with the warranties, specifications and requirements in this Agreement; 8. Products ; (iv) Services will be performed using reasonable care and skill and in accordance with the relevant SOW and/or WA; (v) Deliverables and Services which interact in any capacity with date data are Year 2000 ready such that when used in accordance with their associated documentation they are capable of correctly processing, providing, receiving and displaying date data, as well as exchanging accurate date data with all products with which the Deliverables or Services are intended to be used within and between the twentieth and twenty-first centuries; (vi) Deliverables and Services which interact in any capacity with monetary data are euro ready such that when used in accordance with their associated documentation they are capable of correctly processing monetary data in the euro denomination and respecting the euro currency formatting conventions (including the euro sign); 9. none ; (vii) Deliverables and Services do not infringe any privacy, publicity, reputation or intellectual property right of the Products contain nor are any a third party; and (viii) all authors have agreed not to assert their moral rights (personal rights associated with authorship of the Products manufactured using ozone depleting substances such as halons, chlorofluorocarbons, hydrochlorofluorocarbons, methyl chloroform and carbon tetrachloride as defined by the Montreal Protocol , and as also specified a work under applicable law) in the relevant SOW and/or WA; 10. Products are new and do not contain used or reconditioned partsDeliverables, unless otherwise specified in the relevant SOW and/or WA; 11. to the extent Products include software code (including without limitation firmwarepermitted by law. THE WARRANTIES IN THIS AGREEMENT ARE IN LIEU OF ALL OTHER WARRANTIES AND CONDITIONS, BIOSEXPRESS OR IMPLIED, and device drivers), Products contain no harmful code; 12. all Products and all parts of Products, including, but not limited to parts that may be identified as field replacement units, customer replacement units, spare parts, and/or parts that have any floppy disk controller functions and other storage devices shall not experience any measurable loss of data, and shall conform with any other related requirements specified in the relevant SOW and/or WA; 13. all Products will process date data correctly (including, without limitation, correctly processing, providing, receiving, and displaying date data within and between the twentieth and twenty-first centuries), and are designed to exchange date data accurately and correctly with other products (including, without limitation, hardware, code, other software, and firmware) when used with products which are designed to exchange date data accurately and correctly;INCLUDING THOSE WARRANTIES OR CONDITIONS OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE.