Operability. Between the date of this Agreement and the Closing Date, the CATV Systems shall not have suffered, on or prior to Closing, any loss, claim, casualty, or calamity that has a material adverse effect on the Assets or the CATV Systems, whether or not disclosed in Seller's amended Schedules and whether or not covered by insurance. Seller shall bear the risk of loss on or prior to Closing with respect to the Assets and the CATV Systems as a result of any loss, claim, casualty, or calamity.
Operability. Contractor warrants that the Software and any customizations will be delivered to the City malware free and does not contain any timers, counters, or preprogrammed devices that will cause the Software to become erased, inoperable, or incapable of processing in the manner as documented in [insert cross reference if applicable].
Operability. Contractor warrants that the Software does not contain any timers, counters, or preprogrammed devices that will cause the Software to become erased, inoperable, or incapable of processing in the manner as documented in the contract documents specified.
Operability. The Acquired Assets constitute all of the material assets necessary for the operation of the Facility in the manner in which it has been operated during the 12-month period prior to the Effective Date, and, except as disclosed in Schedule 3.22, said Acquired Assets are currently in a condition sufficient to operate the Facility at full licensed thermal power operation.
Operability. The Acquired Assets constitute all of the assets ----------- necessary for the Seller to operate Pilgrim substantially in the manner as it has been operated by the Seller.
Operability. 1. This Consortium Agreement cancels and supersedes any previous Consortium Agreement and in particular the Consortium Agreement rev 7.0 dated 24/25 March 2010.
Operability. 17. The CENTRALIZING BANK undertakes to transfer the RESTRICTED REVENUE to the DIRECT RESTRICTED ACCOUNT BY 12:00 AM (Brasilia time) within the same day’s business hours on which the RESTRICTED REVENUE has been received, as governed in Clause 3.
Operability. Between the date of this Agreement and the Group B Closing Date, the CATV Systems shall not have suffered, on or prior to the Group B Closing, any loss, claim, casualty, or calamity that has a material adverse effect on the Assets or the CATV Systems, whether or not disclosed in Seller's amended Schedules and whether or not covered by insurance.
Operability. Contractor and/or Supplier warrants that information resource(s) provided under the terms of this agreement shall operate in a manner satisfactory to Cingular Wireless while all required security controls and features are installed and functioning.
Operability. Contractor warrants that the Software as delivered does not contain any timers, counters, or preprogrammed devices that will cause the Software to become erased, inoperable, or incapable of processing in the manner as documented in the contract documents specified. Contractor warrants that the software as delivered does not contain any "back door," "time bomb," "Trojan horse," "worm," "drop dead device," "virus," or other computer software routines or hardware components designed to (i) permit access or use of either the System or City’s computer systems by Contractor or a third party not authorized by this Agreement, (ii) disable, damage or erase the System or data, or (iii) perform any other such actions. Further, Contractor warrants that the System and the design thereof, both as delivered, shall not contain preprogrammed preventative routines or similar devices which prevent City from exercising the rights set forth in this Agreement or from utilizing the System for the purposes for which it was designed as specified in Exhibit A. Contractor warrants that, except as specified below, Contractor’s Software will, when properly installed, execute in accordance with Contractor's published specification. If a nonconformity to the foregoing warranty is discovered during the period ending one (1) year after final acceptance and written notice of such nonconformity is provided to Contractor promptly after such discovery and within that period, including a description of the nonconformity and complete information about the manner of its discovery, Contractor shall correct the nonconformity by, at its option, either (i) modifying or making available to City instructions for modifying the Software; or (ii) making available at Contractor's facility necessary corrected or replacement programs. Contractor shall have no obligation with respect to any nonconformities resulting from (i) unauthorized modification of the Software or (ii) City-supplied software or interfacing. Contractor does not warrant that the functions contained in the software will operate in combinations which may be selected for use by City and not approved by Contractor, or that the software products are free from errors in the nature of what is commonly categorized by the computer industry as "bugs".
