Common use of Pass-Through Warranty Clause in Contracts

Pass-Through Warranty. To the extent assignable by CyncHealth to Participant, CyncHealth assigns and passes through to Participant, and Participant shall have the benefit of, any and all third-party warranties and indemnities pertaining to the System. If such warranties and indemnities made to CyncHealth are not assignable to Participant, and if the vendor provides no applicable warranties or indemnities directly to Participant, then during the Term of this Agreement, CyncHealth shall use reasonable efforts to enforce, for the benefit of Participant, such applicable warranties and indemnities as are made by the vendor to CyncHealth. Participant understands and agrees that its sole remedy for the breach of any such warranty or indemnity shall be against the third-party vendor and not against CyncHealth, nor shall any such breach have any effect whatsoever on the rights and obligations of either Party with respect to this Agreement.

Pass-Through Warranty. To the extent assignable by CyncHealth to Participant, CyncHealth assigns and passes through to Participant, and Participant shall have the benefit of, any and all third-party warranties and indemnities pertaining to the System. If such warranties and indemnities made to CyncHealth are not assignable to Participant, and if the vendor provides no applicable warranties or indemnities directly to Participant, then during the Term term of this Agreement, CyncHealth shall use reasonable efforts to enforce, enforce for the benefit of Participant, Participant such applicable warranties and indemnities as are made by the vendor to CyncHealth. Participant understands and agrees that its sole remedy for the breach of any such warranty or indemnity shall be against the third-party vendor and not against CyncHealth, nor shall any such breach have any effect whatsoever on the rights and obligations of either Party with respect to this Agreement.