Common use of Product Warranty Clause in Contracts

Product Warranty. (a) The Vendor warrants that, for a period of two (2) years from the date of Final Acceptance of any PCS System and/or PCS Sub-System, as the case may be (the "Product Warranty Period"), all Products and all of the Installation and the Configuration Engineering thereof within such PCS System and/or PCS Sub-System, as the case may be, will materially conform with and perform the functions set forth in the Specifications and the relevant performance criteria set forth in Exhibit D, to the extent applicable, and will be free from Defects and Deficiencies in material or workmanship which impair service to subscribers, System performance, billing, administration and/or maintenance. In the case of Software, the Product Warranty Period applicable to any such Software will be automatically extended upon, and simultaneous with, any Software Upgrade issued pursuant to the terms of Section 12. The Vendor will assign to the Owner all outstanding Subcontractor warranties attributable to Non-Essential Equipment at such time that the Vendor's warranty on such Non-Essential Equipment pursuant to this subsection 17.1 expires pursuant to and in accordance with the Product Warranty Period applicable to such Item of Non-Essential Equipment. The Warranty Period for a PCS Product or part thereof repaired or provided as a replacement under this Product warranty is six (6) months or the unexpired term of the new Product Warranty Period applicable to the repaired or replaced PCS Product or part, whichever is longer. (b) To the extent the Owner orders additional Products from the Vendor in accordance with the terms of this Contract including, but not limited to, subsections 2.2 and/or 7.2, any such Products so ordered by the Owner and delivered and installed by the Vendor or its Subcontractors will be warranted to the same extent as set forth in clause (a) above for a period of not less than twenty four (24) months from the earlier of (i) the date the Owner puts such additional Products into In Revenue Service, (ii) the date of the Owner's acceptance and (iii) thirty (30) days after the Vendor completes the installation of such additional Products. If in the event, pursuant to the Owner's order for such additional Products the Vendor is not required to install such additional Products, the warranty on such additional products will run twenty-four (24) months from the date the Vendor shipped such products to the Owner.

Product Warranty. Zogenix warrants to Astellas that: (a) The Vendor warrants thatat the time of delivery of all Product (excluding Samples delivered to Astellas hereunder) by or on behalf of Zogenix to a Third Party (including any delivery to a 3PL or any delivery by a 3PL on behalf of Zogenix to a wholesaler, for a period other distributor, or retailer), (i) such Product will be in conformity with the applicable specifications therefor and the NDA; (ii) such Product will have been manufactured in compliance with cGMP, all other applicable Legal Requirements, and this Agreement; (iii) such Product will have been manufactured in facilities that are in compliance with all applicable Legal Requirements at the time of two such manufacture (2including applicable inspection requirements of FDA and other Governmental Authorities); (iv) years from such Product will not be adulterated or misbranded under the Act; (v) such Product may be introduced into interstate commerce pursuant to the Act; and (vi) the expiration date of such Product shall be no earlier than twelve (12) months after the date of Final Acceptance of any PCS System and/or PCS Sub-System, as the case may be (the "Product Warranty Period"), all Products and all of the Installation and the Configuration Engineering thereof within such PCS System and/or PCS Sub-System, as the case may be, will materially conform with and perform the functions set forth in the Specifications and the relevant performance criteria set forth in Exhibit D, to the extent applicable, and will be free from Defects and Deficiencies in material or workmanship which impair service to subscribers, System performance, billing, administration and/or maintenance. In the case of Software, the Product Warranty Period applicable to any such Software will be automatically extended upon, and simultaneous with, any Software Upgrade issued pursuant to the terms of Section 12. The Vendor will assign to the Owner all outstanding Subcontractor warranties attributable to Non-Essential Equipment at such time that the Vendor's warranty on such Non-Essential Equipment pursuant to this subsection 17.1 expires pursuant to and in accordance with the Product Warranty Period applicable to such Item of Non-Essential Equipment. The Warranty Period for a PCS Product or part thereof repaired or provided as a replacement under this Product warranty is six (6) months or the unexpired term of the new Product Warranty Period applicable to the repaired or replaced PCS Product or part, whichever is longerdelivery thereof. (b) To at the extent the Owner orders additional Products from the Vendor in accordance with the terms time of this Contract includingdelivery of all Samples to Astellas hereunder, but not limited to, subsections 2.2 and/or 7.2, any such Products so ordered by the Owner and delivered and installed by the Vendor or its Subcontractors will be warranted to the same extent as set forth in clause (a) above for a period of not less than twenty four (24) months from the earlier of (i) such Samples will be in conformity with the date applicable specifications therefor and the Owner puts such additional Products into In Revenue Service, NDA; (ii) such Samples will have been manufactured in compliance with cGMP, all other applicable Legal Requirements, and this Agreement; (iii) such Samples will have been manufactured in facilities that are in compliance with all applicable Legal Requirements at the time of such manufacture (including applicable inspection requirements of FDA and other Governmental Authorities); (iv) such Samples will not be adulterated or misbranded under the Act; (v) such Samples may be introduced into interstate commerce pursuant to the Act; and (vi) the expiration date of such Samples shall be no earlier than [***] after the date of delivery thereof (or such other number of months as may be determined by the Owner's acceptance unanimous decision of the JSC (and (iii) thirty (30) days after the Vendor completes the installation for clarity, any dispute with respect to such number of such additional Products. If in the event, months may not be escalated pursuant to Section 3.7)). *** Certain information on this page has been omitted and filed separately with the Owner's order for such additional Products the Vendor is not required to install such additional Products, the warranty on such additional products will run twenty-four (24) months from the date the Vendor shipped such products Commission. Confidential treatment has been requested with respect to the Owneromitted portions.

Product Warranty. (a) The Vendor Seller warrants thatthat any equipment and products (excluding software licensed under the License Agreement, but including software embedded in the equipment and products) comprising or part of the Constructed BPL Network that was manufactured or provided by (excluding any items listed on Schedules D or G) or on behalf of Current Technologies, LLC (the “BPL Equipment”) conforms in all material respects to the specifications attached hereto as Schedule F (the “Product Specifications”) in effect on the Closing Date and are free from any latent or patent defects in materials and workmanship (collectively, the “Product Warranty”). The Product Warranty and Seller’s obligation under this Section 6.1 shall extend (1) for the finished goods inventory and additional components described in Schedule C, for a period the earlier of two (2A) years thirty-six (36) months from the Closing Date and ( B) one (1) year from the date of Final Acceptance installation of any PCS System and/or PCS Sub-Systemsuch finished goods inventory or components, as and (2) one (1) year from the case may be Closing Date for the remainder of the Constructed BPL Network (the "“Product Warranty Period"”), all Products and all provided that upon the occurrence of the Installation and the Configuration Engineering thereof within such PCS System and/or PCS Sub-System, an Epidemic Failure (as the case may be, will materially conform with and perform the functions set forth defined in the Specifications and the relevant performance criteria set forth in Exhibit D, to the extent applicable, and will be free from Defects and Deficiencies in material or workmanship which impair service to subscribers, System performance, billing, administration and/or maintenance. In the case of SoftwareSection 6.3), the Product Warranty Period applicable to any such Software specific kind of Product, bearing the same stock-keeping unit number for which the failure to conform to the Product Specifications and/or the defect or defects constitute the Epidemic Failure shall be extended for a single period of twelve (12) months after the date that there are a sufficient number of Product failures to cause an Epidemic Failure. All warranty claims not made in writing or not received by the Seller within the Product Warranty Period (as may be extended) will be automatically extended upondeemed waived. The Seller’s Product Warranty and obligation is solely for the benefit of the Buyer, who has no authority to extend this Product Warranty to any other person or entity other than permitted assignees hereunder. The Product Warranty shall not apply to any defect if and to the extent caused, in whole or in part, by: (i) accident, unusual physical neglect or misuse not caused by the Seller, (ii) for the finished goods inventory and additional components described in Schedule C, such inventory and components are or were not stored indoors in a dry, non-condensing humidity- and corrosive-free environment within the temperature limits of -40 °C to +55 °C in a substantially similar manner in which it is stored at Closing, (iii) refusal or failure by Buyer to accept and have installed any update, upgrade, patch, bug fix or other modification to software licensed under the License Agreement recommended by Seller (or its Affiliates) unless such refusal or failure is reasonable because of apparent defects or violation of any third party rights caused by such update, upgrade, patch, bug fix or other modification and provided that any defect resulting from such update, upgrade, patch, bug fix or other modification is covered by the Product Warranty, (iv) unauthorized modification or unauthorized use of the BPL Equipment, (v) the Buyer’s failure to install or operate the BPL Equipment in all material respects according to the Product Specifications or instructions delivered in writing to the Buyer by the Seller; or (vi) uses of the BPL Equipment for purposes other than those identified by the Product Specifications or as used by the Seller as of Closing to provide services to the Buyer under the Utility Agreements, including installation of or other work on portions of the Constructed BPL Network done by anyone other than a qualified technician authorized to perform such work by Buyer. (b) All BPL Equipment to be returned to the Seller under the Product Warranty require a return material authorization in the form of Exhibit C (“RMA”) from the Seller prior to such return within ninety (90) days of the date on which any of Buyer’s employees who, based on such employee’s technical qualifications and job responsibilities is or should reasonably be able to recognize such defect, has knowledge of such defect or from the date that the Buyer uninstalls such BPL Equipment. All returned BPL Equipment shall be returned in packaging sufficient to ship the BPL Equipment without causing damage to the BPL Equipment with documentation reasonably describing the part number, nature of the defect, how it was discovered and under what conditions it occurred, to the extent known by the Buyer. Once an RMA is issued, the Buyer shall have fifteen (15) calendar days to ship the associated BPL Equipment to the Seller. Except as provided in the next sentence, the Seller shall be responsible for all freight, insurance and other shipping costs related to the delivery of the BPL Equipment from the Buyer to the Seller and Seller shall be responsible for all freight, insurance and other shipping costs related to the delivery of the return of the replacement or repaired BPL Equipment to the Buyer; provided that if the returned BPL Equipment is not defective or not under Product Warranty, the Buyer shall be responsible for all such freight, insurance and other shipping costs incurred by the Buyer and Seller in connection with the shipment of such BPL Equipment to or from the Buyer. If an Epidemic Failure occurs, the Seller shall be responsible for any reasonable costs and expenses incurred by the Buyer in connection with the identification of the defect, the uninstallation of the defective particular BPL Equipment products in connection with the Epidemic Failure, the installation of the replacement or repaired particular BPL Equipment product, and simultaneous withotherwise with the return and replacement of the defective particular BPL Equipment product (collectively, the “Epidemic Failure costs”); provided, however, that the Seller’s responsibility for the Epidemic Failure costs associated with any Software Upgrade issued pursuant specific and identifiable Epidemic Failure shall be limited to $2,000,000. If the Buyer is unable to identify the defect, the Buyer may request the Seller’s assistance in isolating the failure and identifying the defect, and the Seller agrees to provide such assistance; provided that Seller may assess a reasonable fee for such services; provided further that no such fees shall be assessed if there is a defect in the BPL Equipment. The Seller shall ship a replacement or repaired applicable BPL Equipment to the terms Buyer under this Section 6.1 within thirty (30) days of Section 12receipt of the defective BPL Equipment. The Vendor will assign to Product Warranty Period for any replacement or repaired BPL Equipment provided under this Section 6.1(b) shall be the Owner all outstanding Subcontractor warranties attributable to Non-Essential Equipment at such time that unexpired portion of the Vendor's warranty on such Non-Essential Equipment pursuant to this subsection 17.1 expires pursuant to and in accordance with the initial Product Warranty Period applicable to such Item BPL Equipment or one (1) year from the shipment of Non-Essential Equipment. The Warranty Period for a PCS Product or part thereof repaired or provided as a replacement under this Product warranty is six (6) months or the unexpired term of the new Product Warranty Period applicable to the repaired or replaced PCS Product or partBPL Equipment, whichever is longerlater. (b) To the extent the Owner orders additional Products from the Vendor in accordance with the terms of this Contract including, but not limited to, subsections 2.2 and/or 7.2, any such Products so ordered by the Owner and delivered and installed by the Vendor or its Subcontractors will be warranted to the same extent as set forth in clause (a) above for a period of not less than twenty four (24) months from the earlier of (i) the date the Owner puts such additional Products into In Revenue Service, (ii) the date of the Owner's acceptance and (iii) thirty (30) days after the Vendor completes the installation of such additional Products. If in the event, pursuant to the Owner's order for such additional Products the Vendor is not required to install such additional Products, the warranty on such additional products will run twenty-four (24) months from the date the Vendor shipped such products to the Owner.

Product Warranty. (a) The Vendor Caesarea warrants that, to Alaris that for a period of two (2) years from commencing on the date of Final Acceptance delivery to Alaris and ending on the eighteen (18) month anniversary of any PCS System and/or PCS Subthe date of first shipment to the end-System, as the case may be user or customer (the "Product Warranty Period"), all Products each NIKI Pump and all each Manufacturing Assembly Kit will: (i) conform to the specifications set forth on Parts 1, 2 and 3 of Schedule 1(h) hereto and to the Installation First, Second and the Configuration Engineering thereof within such PCS System and/or PCS Sub-SystemThird Final Design, as the case may be, will materially conform with and perform the functions set forth in the Specifications and the relevant performance criteria set forth in Exhibit D, to the extent applicable, and will ; (ii) be free from Defects manufacturing defects; (iii) not be "adulterated" or "misbranded" as such terms are defined in the Act; and Deficiencies (iv) be in material merchantable condition and fit and safe for its intended use. Subject to the provisions of Section 27 hereof, Caesarea's sole obligation under this product warranty shall be, at the option of Alaris, either to repair or workmanship which impair service replace, at Caesarea's sole cost and expense, or, if repair or replacement is not feasible or is not made by Caesarea, to subscribersrefund the purchase price of, System performanceany NIKI Pump or Manufacturing Assembly Kit returned within the Warranty Period that Alaris reasonably determines fails to meet any of the conditions of (i), billing(ii), administration and/or maintenance(iii) or (iv) above. This warranty shall not apply to any NIKI Pump or Manufacturing Assembly Kit that has been damaged by accident or has been misused, abused, altered or repaired by anyone other than Caesarea or its representatives. In the case of Software, the Product Warranty Period applicable a standard part supplied to any such Software will be automatically extended upon, Caesarea by a subcontractor engaged by Caesarea and simultaneous with, any Software Upgrade issued approved by Alaris pursuant to the terms provisions of Section 12. The Vendor 12 hereof, Caesarea shall grant to Alaris the benefit of any product warranty provided to Caesarea by such subcontractor and Caesarea will assign not bear any further liability to the Owner all outstanding Subcontractor warranties attributable to Non-Essential Equipment at Alaris for such time that the Vendor's warranty on such Non-Essential Equipment pursuant to this subsection 17.1 expires pursuant to and in accordance with the Product Warranty Period applicable to such Item of Non-Essential Equipment. The Warranty Period for a PCS Product or part thereof repaired or provided as a replacement under this Product warranty is six (6) months or the unexpired term of the new Product Warranty Period applicable to the repaired or replaced PCS Product or partSection 17; provided, whichever is longer. (b) To the extent the Owner orders additional Products from the Vendor that Alaris shall have first approved in accordance with writing the terms of this Contract including, but not limited to, subsections 2.2 and/or 7.2, any the sub-contractor's product warranty for such Products so ordered by the Owner and delivered and installed by the Vendor or its Subcontractors will be warranted part prior to the same extent as set forth in clause (a) above for a period of not less than twenty four (24) months from the earlier of (i) the date the Owner puts such additional Products into In Revenue Service, (ii) the date of the Owner's acceptance and (iii) thirty (30) days after the Vendor completes the installation of such additional Products. If in the event, pursuant to the Owner's order for such additional Products the Vendor is not required to install such additional Products, the warranty on such additional products will run twenty-four (24) months from the date the Vendor shipped such products to the Owneruse thereof by Caesarea.

Product Warranty. (a) The Vendor warrants that, for a period which is the greater of (i) two (2) years from and after September 1, 1998 and (ii) two (2) years from and after the date of Final Acceptance delivery of any PCS System and/or PCS Sub-Systemsuch Products to the applicable FOB Point or the Designated Switch Site, as the case may be (the "Product Warranty Period"), all Products and all of the Installation and the Configuration Engineering Integration thereof within such PCS System and/or or PCS Sub-System, as the case may be, will materially conform with and perform the functions set forth in the relevant Specifications and the relevant performance criteria set forth in Exhibit Exhibits C, C1 and D, to the extent applicable, and will be free from Defects and Deficiencies in material or workmanship which impair service to subscribers, System system performance, billing, administration and/or maintenance. In the case of Software, the Product Warranty Period applicable to any such Software will be automatically extended for an additional one (1) year upon, and simultaneous with, any Software Upgrade issued pursuant to the terms of Section 12. The Vendor will assign to the Owner all outstanding Subcontractor warranties attributable to Non-Essential Equipment at such time that the Vendor's warranty on such Non-Essential Equipment pursuant to this subsection 17.1 expires pursuant to and in accordance with the Product Warranty Period applicable to such Item of Non-Essential Equipment. The Warranty Period for a PCS Product or part thereof repaired or provided as a replacement under this Product warranty is six (6) months or the unexpired term of the new Product Warranty Period applicable to the repaired or replaced PCS Product or part, whichever is longer. (b) To the extent the Owner orders additional Products from the Vendor in accordance with the terms of this Contract including, but not limited to, subsections 2.2 and/or 7.2, any such Products so ordered by the Owner and delivered and installed by the Vendor or its Subcontractors will be warranted to the same extent as set forth in clause (a) above for a period of not less than twenty four (24) months from the earlier of (i) the date the Owner puts such additional Products into In Revenue Service, (ii) the date of the Owner's acceptance and (iii) thirty (30) days after the Vendor completes the installation of such additional Products. If in the event, pursuant to the Owner's order for such additional Products the Vendor is not required to install such additional Products, the warranty on such additional products will run twenty-four (24) months from the date the Vendor shipped such products to the Owner."

Product Warranty. WITHOUT LIMITING OTHER WARRANTIES EXPRESSLY STATED HEREIN, BT WARRANTS THAT: (a1) The Vendor warrants thatALL SYSTEM COMPONENTS SUPPLIED TO AB HEREUNDER COMPLY IN ALL RESPECTS WITH THE SPECIFICATIONS THEREFORE, for a period of two AS SET FORTH ON ATTACHMENT B (AS AMENDED BY AGREEMENT OF THE PARTIES FROM TIME TO TIME); (2) years ALL SUCH SYSTEM COMPONENTS WILL BE FREE FROM DEFECTS IN MATERIALS AND WORKMANSHIP FOR A PERIOD OF AT LEAST TWELVE (12) MONTHS (BUT IN THE CASE OF ARRAYS, SIX (6) MONTHS) FROM THE DATE OF INSTALLATION AT AB’S CUSTOMER’S FACILITY; (3) BT WILL DELIVER PRODUCTS IN ACCORDANCE WITH THE APPLICABLE ORDER; AND (4) SUCH SYSTEM COMPONENTS SHALL BE PACKAGED AND LABELED PROPERLY AND IN ACCORDANCE WITH ALL APPLICABLE PACKING SPECIFICATIONS, LABELING REQUIREMENTS, AND APPLICABLE LAWS. EXCEPT AS EXPRESSLY STATED IN THIS AGREEMENT, NEITHER BT NOR AB MAKES ANY, AND EACH PARTY EXPRESSLY DISCLAIMS ALL, REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY AS TO MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. A System Component that conforms with all the foregoing warranties of this Section 7.14 shall be referred to herein as a “Conforming” System Component; a System Component that does not confirm with one or more of the foregoing warranties of this Section 7.14 shall be referred to herein as a “Non-conforming” System Component, with cognates of Conforming and Non-conforming having the same respective meanings. AB’s sole remedy under this warranty shall be the replacement or repair by BT of any component or product not conforming to this warranty or if such component or product can not be repaired or replaced, then a refund of the purchase price paid. All warranty claims must be made prior to one year from the date of Final Acceptance of any PCS System and/or PCS Sub-System, as the case may be (the "Product Warranty Period"), all Products and all of the Installation and the Configuration Engineering thereof within such PCS System and/or PCS Sub-System, as the case may be, will materially conform with and perform the functions set forth in the Specifications and the relevant performance criteria set forth in Exhibit D, to the extent applicable, and will be free from Defects and Deficiencies in material product or workmanship which impair service to subscribers, System performance, billing, administration and/or maintenance. In the case of Software, the Product Warranty Period applicable to any such Software will be automatically extended upon, and simultaneous with, any Software Upgrade issued pursuant to the terms of Section 12. The Vendor will assign to the Owner all outstanding Subcontractor warranties attributable to Non-Essential Equipment at such time that the Vendor's warranty on such Non-Essential Equipment pursuant to this subsection 17.1 expires pursuant to and in accordance with the Product Warranty Period applicable to such Item of Non-Essential Equipment. The Warranty Period for a PCS Product or part thereof repaired or provided as a replacement under this Product warranty component is six (6) months or the unexpired term of the new Product Warranty Period applicable to the repaired or replaced PCS Product or part, whichever is longerdelivered. (b) To the extent the Owner orders additional Products from the Vendor in accordance with the terms of this Contract including, but not limited to, subsections 2.2 and/or 7.2, any such Products so ordered by the Owner and delivered and installed by the Vendor or its Subcontractors will be warranted to the same extent as set forth in clause (a) above for a period of not less than twenty four (24) months from the earlier of (i) the date the Owner puts such additional Products into In Revenue Service, (ii) the date of the Owner's acceptance and (iii) thirty (30) days after the Vendor completes the installation of such additional Products. If in the event, pursuant to the Owner's order for such additional Products the Vendor is not required to install such additional Products, the warranty on such additional products will run twenty-four (24) months from the date the Vendor shipped such products to the Owner.

Product Warranty. (a) The Vendor Supplier represents and warrants that, for a period of two : (2i) years from the date of Final Acceptance of any PCS System and/or PCS Sub-SystemThe Products shall, as applicable, be manufactured, packaged, labeled, handled, stored, transported, Sterilized and delivered (i) in accordance with applicable law and Section 4.3 in the case may be (the "Product Warranty Period"), all Products and all of the Installation and the Configuration Engineering thereof within such PCS System and/or PCS Sub-System, as the case may be, will materially conform with and perform the functions quantities set forth in the applicable Purchase Order and (ii) consistent in in all material respects with the Specifications (for the avoidance of doubt, the warranty with regards to Sterilization is only a warranty that an agreed upon process for anti-microbials has been administered to the Products, and not a warranty as to the relevant performance criteria results of any such process); (ii) The warranties set forth in Exhibit D, this Section 5.1 shall not apply to the extent applicable, and will be free from Defects and Deficiencies in material or workmanship which impair service any claim arises after delivery to subscribers, System performance, billing, administration and/or maintenance. In the case of Software, the Product Warranty Period applicable to any such Software will be automatically extended upon, and simultaneous with, any Software Upgrade issued pursuant to the terms of Section 12. The Vendor will assign to the Owner all outstanding Subcontractor warranties attributable to Non-Essential Equipment at such time that the Vendor's warranty on such Non-Essential Equipment pursuant to this subsection 17.1 expires pursuant to and Customer in accordance with the Product Warranty Period applicable to such Item of Non-Essential Equipment. The Warranty Period for a PCS Product or part thereof repaired or provided Section 4.3 as a replacement result of (a) any Product having been misused, neglected, improperly handled, altered, abused or used for any purpose other than the one for which it was manufactured or other conditions beyond the control of Supplier or its Representatives, (b) any damage or defects caused by unauthorized repair or use of unauthorized parts or components or any other condition beyond the control of Supplier or its Representatives, (c) any specifications or instructions provided to Supplier by Customer or any breach by Customer of its obligations under this Product warranty is six Agreement, and (6d) months any damage or the unexpired term defect as a result of the new Product Warranty Period applicable to the repaired actions or replaced PCS Product inactions of Customer or part, whichever is longerits Representatives. (b) To Customer’s sole and exclusive remedy for, and Supplier’s sole obligation under the extent the Owner orders additional Products from the Vendor in accordance with the terms of this Contract including, but not limited to, subsections 2.2 and/or 7.2, any such Products so ordered by the Owner and delivered and installed by the Vendor or its Subcontractors will be warranted to the same extent as warranty set forth in clause (aSection 5.1(a)(i) above for a period of not less than twenty four (24) months from the earlier of (i) the date the Owner puts such additional Products into In Revenue Serviceare set forth in Section 4.4(b). THE WARRANTIES SET FORTH IN SECTION 5.1 SHALL BE IN LIEU OF ALL OTHER WARRANTIES, (ii) the date of the Owner's acceptance and (iii) thirty (30) days after the Vendor completes the installation of such additional ProductsAND SUPPLIER HEREBY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. If in the eventWITHOUT LIMITING THE FOREGOING, pursuant to the Owner's order for such additional Products the Vendor is not required to install such additional ProductsSUPPLIER EXPRESSLY DISCLAIMS ANY REPRESENTATIONS AND WARRANTIES REGARDING THE PERFORMANCE, the warranty on such additional products will run twenty-four (24) months from the date the Vendor shipped such products to the OwnerSAFETY, AND EFFICACY OF THE PRODUCTS, WHETHER ALONE OR IN COMBINATION WITH ANY OTHER PRODUCTS OR COMPONENT(S). CUSTOMER HEREBY ACCEPTS SUCH DISCLAIMERS.

Product Warranty. (a) 11.1 The Vendor Supplier warrants that, that the Products will be free from material defects at the time of delivery and for a period of two one year thereafter (2) years from “Warranty Period”). 11.2 No claim under the date of Final Acceptance of any PCS System and/or PCS Sub-System, as the case warranty may be (made against the "Product Warranty Period"), all Products and all Supplier unless notice of the Installation and the Configuration Engineering thereof within such PCS System and/or PCS Sub-System, as the case may be, will materially conform with and perform the functions set forth in the Specifications and the relevant performance criteria set forth in Exhibit D, defect is given to the extent applicable, and will be free from Defects and Deficiencies Company in material or workmanship which impair service to subscribers, System performance, billing, administration and/or maintenance. In the case of Software, the Product Warranty Period applicable to any such Software will be automatically extended upon, and simultaneous with, any Software Upgrade issued pursuant to the terms of Section 12. The Vendor will assign to the Owner all outstanding Subcontractor warranties attributable to Non-Essential Equipment at such time that the Vendor's warranty on such Non-Essential Equipment pursuant to this subsection 17.1 expires pursuant to and in accordance with the Product Warranty Period applicable to such Item of Non-Essential Equipment. The Warranty Period for a PCS Product or part thereof repaired or provided as a replacement under this Product warranty is six (6) months or the unexpired term of the new Product Warranty Period applicable to the repaired or replaced PCS Product or part, whichever is longer. (b) To the extent the Owner orders additional Products from the Vendor in accordance with the terms of this Contract including, but not limited to, subsections 2.2 and/or 7.2, any such Products so ordered by the Owner and delivered and installed by the Vendor or its Subcontractors will be warranted to the same extent as set forth in clause (a) above for a period of not less than twenty four (24) months from the earlier of (i) the date the Owner puts such additional Products into In Revenue Service, (ii) the date of the Owner's acceptance and (iii) writing within thirty (30) days after of its discovery by the Vendor completes the installation Customer and are returned (if practicable) within seven (7) days of such additional notice given to the Supplier to the Supplier’s warehouse at the cost of the Customer provided always that in all circumstances, the Customer shall not be entitled to make any claim under this warranty unless it does so within ninety (90) days of the date of delivery of the defective Products. 11.3 In the event that defects shall appear in any part of any Products supplied by the Supplier but not manufactured by the Supplier, the Customer shall, in addition to the warranty under this Clause 11 be entitled to receive from the Supplier such benefit as received by the Supplier (to the extent that they are transferrable) under any agreement between the Supplier and the manufacturer or supplier of that part of the Products in question, provided always that, this proviso shall not apply in respect of any part of the Products concerning which it has not been practicable for the Supplier to procure that its manufacturer shall be under the same liability to the Supplier as vis-à-vis the Supplier and the Customer. 11.4 The entire liability of the Supplier under this warranty shall be limited to the price of that part of the Products found to be defective and the Supplier shall have no other liability or obligations under the said warranty that as expressly stated. If The foregoing states the entire liability of the Supplier, whether in contract or tort, for defects in the eventProducts notified to it other than liability assumed under 15. 11.5 The said warranty is contingent upon the proper use of the Products by the Customer and does not cover any part of the Products which has been modified without the Supplier’s prior written consent or which has been subjected to unusual physical or electrical stress or on which the original identification marks have been removed or altered. Nor will such warranty apply if repair or parts replacement is required as a result of causes other than ordinary use including without limitation accident, pursuant hazard, misuse or failure or fluctuation of electric power, air conditioning, humidity control or other environmental conditions. 11.6 The Supplier does not give any warranty that the Products is fit for any particular purpose unless that purpose is specifically advised in writing to the Owner's order for such additional Products Customer and the Vendor is not required Supplier confirms in writing that the Equipment can fulfil that particularpurpose. 11.7 The express terms stated herein shall apply to install such additional Productsall Agreements entered into by the Supplier with the Customer and are in lieu of all warranties, the warranty on such additional products will run twenty-four (24) months from the date the Vendor shipped such products conditions, terms, undertakings and obligations implied by statute, common law, custom, trade usage, course of dealing or otherwise, all of which are hereby excluded to the Ownerfullest extent permitted by law. 11.8 The Customer acknowledges and agrees that the Supplier shall not be liable to the Customer (or those claiming through the Customer) for any direct or indirect loss, damage, expense of any kind or nature howsoever caused (including any indirect, incidental, special or consequential damages) by the provision and/or use of any Products and/or Services supplied by the Supplier to the Customer, including any loss of profits, loss of contracts, business interruptions or otherwise (whether these are direct or indirect losses) and whether arising from negligence, breach of contract or otherwise.

Product Warranty. (a) The Vendor warrants thatExcept as set forth on Schedule 5.16, for a period of two (2) years from the date of Final Acceptance Seller has not received notice of any PCS System and/or PCS Sub-Systempending claim for product warranty, as material backcharge, material additional work, field repair, recall or other injury claims by any third party (whether based on contract, tort or statute). There is no reasonable basis for any such matter (in excess of the case may be (amount of the "Product Warranty Period"), all Products provisions for product warranties and all of the Installation guarantee and the Configuration Engineering thereof within such PCS System and/or PCS Sub-System, as the case may be, will materially conform with and perform the functions provisions for returns" set forth in the Specifications Final Balance Sheet) arising from (i) services of the Business rendered by the Seller during periods through and including the relevant performance criteria set forth in Exhibit DClosing Date, (ii) the sale, distribution, erection or installation of products of the Business by the Seller prior to the extent applicableClosing Date, or the manufacture of products of the Business by the Seller prior to the Closing Date or (iii) the operation of the Business or the ownership of the Purchased Assets prior to the Closing Date, other than warranty and field repair claims which the Seller expects to be consistent with past experience with respect to both frequency and amount. The Purchaser has been furnished with complete and correct copies of the standard terms and conditions of sale for each of the products or services of the Business (containing applicable guaranty, warranty and indemnity provisions), and will be free from Defects and Deficiencies in material there is no basis for any present or workmanship which impair service to subscribers, System performance, billing, administration and/or maintenance. In the case future recall of Software, the Product Warranty Period applicable to any such Software will be automatically extended upon, and simultaneous with, any Software Upgrade issued pursuant to the terms of Section 12. The Vendor will assign to the Owner all outstanding Subcontractor warranties attributable to Non-Essential Equipment at such time that the Vendor's warranty on such Non-Essential Equipment pursuant to this subsection 17.1 expires pursuant to and in accordance with the Product Warranty Period applicable to such Item of Non-Essential Equipment. The Warranty Period for a PCS Product or part thereof repaired or provided as a replacement under this Product warranty is six (6) months or the unexpired term of the new Product Warranty Period applicable to the repaired or replaced PCS Product or part, whichever is longerproducts. (b) To The products or components manufactured, sold, or delivered by, or service rendered by or on behalf of, the extent Seller relating to the Owner orders additional Products from Business (together with products or components manufactured, sold, or delivered by, or service rendered by or on behalf of, the Vendor Chinese Subsidiaries relating to the Chinese Business), prior to the Closing Date, are not subject to any guaranty, warranty or other indemnity, express or implied, contingent or otherwise, in accordance with excess of the terms amount of this Contract includingthe "provisions for product warranties and guarantee and the provisions for returns" set forth in the Final Balance Sheet, but not limited to, subsections 2.2 and/or 7.2, and there is no basis for any present or future recall of any such Products so ordered by products. For the Owner avoidance of doubt, "provisions for product warranties and delivered guarantee and installed by the Vendor or its Subcontractors will be warranted to the same extent provisions for returns" as set forth in clause (a) above the Final Balance Sheet represents a reserve for ordinary warranty and return services and expenses and does not represent a period of not less than twenty four (24) months from the earlier of (i) the date the Owner puts such additional Products into In Revenue Service, (ii) the date of the Owner's acceptance and (iii) thirty (30) days after the Vendor completes the installation of such additional Products. If in the event, pursuant to the Owner's order reserve for such additional Products the Vendor is not required to install such additional Products, the warranty on such additional products will run twenty-four (24) months from the date the Vendor shipped such products to the Ownerany Product Liability related claims.

Product Warranty. (a) The Vendor warrants that, for For a period of two ninety (290) years from the date of Final Acceptance of any PCS System and/or PCS Sub-System, as the case may be (the "Product Warranty Period"), all Products and all days after implementation of the Installation and the Configuration Engineering thereof within such PCS System and/or PCS Sub-System, as the case may be, will materially conform with and perform the functions set forth in the Specifications and the relevant performance criteria set forth in Exhibit D, to the extent applicable, and will be free from Defects and Deficiencies in material or workmanship which impair service to subscribers, System performance, billing, administration and/or maintenance. In the case of SoftwareSoftware by Customer, the Product Warranty Period applicable to any such Software will be automatically extended upon, and simultaneous with, any Software Upgrade issued pursuant to the terms of Section 12. The Vendor will assign to the Owner all outstanding Subcontractor warranties attributable to Non-Essential Equipment at such time that the Vendor's warranty on such Non-Essential Equipment pursuant to this subsection 17.1 expires pursuant shall substantially conform to and operate in accordance with the Product Warranty Period applicable Documentation. Vignette's and McKesson's sole and exclusive liability, and Customer's sole remedy, with respect to such Item of Nonnon-Essential Equipment. The Warranty Period conformities with the foregoing warranty will be for a PCS Product Vignette to repair or part thereof repaired or provided as a replacement under this Product warranty is six (6) months or replace the unexpired term nonconforming portion of the new Product Warranty Period applicable Software. This warranty shall not extend to any non-conformities or errors that result from: (i) Customer's failure to implement updates to the repaired or replaced PCS Product or part, whichever is longer. Software made available to Customer; (bii) To use of the extent the Owner orders additional Products from the Vendor Software other than in accordance with the terms Agreement and the Documentation. EXCEPT AS SET FORTH ABOVE, VIGNETTE AND MCKESSON MAKE NO WARRANTY, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, AND SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. VIGNETTE AND MCKESSON MAKE NO WARRANTY THAT THE SOFTWARE IS ERROR-FREE. 6. THIRD PARTY BENEFICIARY: Vignette Corporation, along with Sun Microsystems, Inc. and Oracle Corporation (for components of the Software licensed by Vignette from these parties), shall be considered third party beneficiaries under this Contract including, but not limited to, subsections 2.2 and/or 7.2, any Supplement and as such Products so ordered shall be entitled to the benefit of the obligations incurred by the Owner McKesson Customer in this Contract Supplement. 144 McKesson Information Solutions LLC IASIS Healthcare Corporation, Inc. Confidential and delivered Proprietary to McKesson Amendment No. P0413860 Customer No. 1002842 December 19, 2003 AMENDMENT THIS AMENDMENT (the "Amendment") which amends Information System Agreement No. C9902292, dated February 23, 2000 (the "ISA") is effective as of December 22, 2003 (the "Amendment Effective Date") between McKesson Information Solution LLC f/k/a HBO & Company ("McKesson") and installed by the Vendor or its Subcontractors will be warranted to the same extent as set forth in clause IASIS Healthcare Corporation (a"Customer") above for a period of not less than twenty four (24) months from the earlier of (i) the date the Owner puts such additional Products into In Revenue Service, (ii) the date of the Owner's acceptance and (iii) thirty (30) days after the Vendor completes the installation of such additional Products. If in the event, pursuant to the Owner's order for such additional Products the Vendor is not required to install such additional Productscollectively, the warranty on such additional products will run twenty-four "Parties"). This Amendment also amends those portions of Amendment No. 97194 dated September 30, 1998 between Tenet HealthSystem Medical, Inc and McKesson which were subsequently xxxxxned to Customer in Partial Assignment and Assumption Agreement No. P9903260 dated July 27, 2000 (24) months from the date "Previous License"). The ISA and the Vendor shipped such products to Previous License shall collectively be known as the Owner"Agreement".

Product Warranty. (a) The Supplier warrants to Ordering Company only, that: (i) As of the date title passes, Supplier will have the right to sell, transfer, and assign such Products and the title conveyed by Supplier shall be good and Products shall be delivered free from any security interests or any other liens or encumbrances ; (ii) Upon shipment or, if installed by Supplier upon Acceptance, Supplier's Manufactured Products will be new (except if manufactured discontinued, or with Ordering Company's approval), free from defects in material, workmanship, and design (except to the extent (A) designed, in whole or in part, by Ordering Company or persons furnished by Ordering Company; or (B) such design defects are caused by the presence in Supplier's Manufactured Product of substitute components of Ordering Company's selection and not recommended by Supplier), and will conform to Supplier's Specifications or any other agreed-upon Specifications referenced in the Order for such Products; and (iii) With respect to Vendor warrants thatItems, for a period Supplier, to the extent permitted, does hereby assign to Ordering Company the warranties given to Supplier by its vendor of two (2) years from such Vendor Items. Such assignment will be effective on the date of Final shipment of such Vendor Items. With respect to Vendor Items recommended by Supplier in its Specifications for which the Vendor's warranty cannot be assigned to Ordering Company, or if assigned, less than sixty (60) days remain of the Vendor's warranty at the time of assignment, Supplier warrants for sixty (60) days from date of shipment or if installed by Supplier from Acceptance that such Vendor's Items will be free from defects in material and workmanship and will conform to Supplier's Specifications or any other agreed-upon Specification referenced in the Order for such Products. (iv) Neither inspection, Acceptance, nor payment shall affect or reduce the term of any PCS System and/or PCS Sub-System, as the case may be warranty. (the "b) The Warranty Period for a Product Warranty Period"), all Products and all of the Installation and the Configuration Engineering thereof within such PCS System and/or PCS Sub-System, as the case may be, will materially conform with and perform the functions set forth in the Specifications and the relevant performance criteria is set forth in Exhibit D, to the extent applicable, and will be free from Defects and Deficiencies in material or workmanship which impair service to subscribers, System performance, billing, administration and/or maintenance. In the case of Software, the Product Warranty Period applicable to any such Software will be automatically extended upon, and simultaneous with, any Software Upgrade issued pursuant to the terms of Section 12. The Vendor will assign to the Owner all outstanding Subcontractor warranties attributable to Non8-Essential Equipment at such time that the Vendor's warranty on such Non-Essential Equipment pursuant to this subsection 17.1 expires pursuant to and in accordance with the Product Warranty Period applicable to such Item of Non-Essential Equipment1. The Warranty Period for a PCS Product or part thereof repaired or provided as a replacement under this Product warranty Warranty is six (6) months or the unexpired term of the new Product Warranty Period applicable to the repaired or replaced PCS Product or part, whichever is longerperiod indicated in Exhibit 8-1. (bc) To If, under normal and proper use during the extent applicable Warranty Period, a defect or nonconformity is identified in a Product furnished by Supplier, Ordering Company shall notify Supplier in writing of such defect or nonconformity promptly after Ordering Company discovers such defect or nonconformity and follow Supplier's instructions regarding the Owner orders additional return of defective or nonconforming Product. With respect to a defect or nonconformity of Products from to Supplier's Specifications or any other agreed upon Specification referenced in the Vendor in accordance with Order for such Products, Supplier shall take the terms of this Contract including, but not limited to, subsections 2.2 and/or 7.2, any such Products so ordered by the Owner and delivered and installed by the Vendor or its Subcontractors will be warranted to the same extent as set forth in clause (a) above for a period of not less than twenty four (24) months from the earlier of following action promptly: (i) Within the date first sixty (60) days after (aa) installation completion of a Product, if Supplier has installed the Owner puts Product or (ab) delivery, if Supplier is not installing the Product, if Ordering Company notifies Supplier of a defect or nonconformity of Products to the Specifications, that does not appear to be curable through repair or replacement within a reasonable time period, Ordering Company will be entitled, at its option, to a refund of the Product's purchase price and installation charges and the associated Licensed Materials charges. Should Ordering Company seek such additional a refund, it will provide Supplier such cooperation as necessary to enable Supplier to remove the Product from Ordering Company's premises, if necessary. In the event of such refund, Ordering Company may also return for credit any other Products into In Revenue Serviceintended for use with the defective Product that cannot be applied to another use by Ordering Company and may cancel, without liability for cancellation charges, any pending Orders for such Product. (ii) After sixty (60) days from (aa) installation completion of a Product, if Supplier has installed the date Product or (ab) delivery, if Supplier is not installing the Product, with respect to a defect or nonconformity of Products to Supplier's Specifications, Supplier shall take the Owner's acceptance following action promptly: (A) Supplier, at its option, shall attempt first to repair or replace such Product without charge or, if not feasible, provide a refund or credit based on the original purchase price, installation charges paid by Ordering Company if installed by Supplier, and the associated Licensed Materials charges. Ordering Company must return Product to Supplier for repair and replacement, except as noted in Sections 8.2 (c) (ii) (B) and (iii) thirty (30) days after C). In the Vendor completes the installation event of such additional Products. If refund, Ordering Company may also return for credit any other Products intended for use with the defective Product that cannot be applied to another use by Ordering Company and may cancel, without liability for cancellation charges, any pending Orders for such Product. (B) Supplier, in the eventcase of any service affecting defect, pursuant shall either (1) repair such defect in the field using best reasonable efforts to the Owner's order for such additional Products the Vendor is not required to install such additional Products, the warranty on such additional products will run twenty-four (24) months from the date the Vendor shipped such products to the Owner.avoid any service interruption; or

Product Warranty. (a) The Vendor warrants that, Except for a period of two (2) years from the date of Final Acceptance of any PCS System and/or PCS Sub-System, as the case may be (the "Product Warranty Period"), all Products and all of the Installation and the Configuration Engineering thereof within such PCS System and/or PCS Sub-System, as the case may be, will materially conform with and perform the functions set forth in the Specifications and the relevant performance criteria set forth in Exhibit D, to the extent applicable, and will be free from Defects and Deficiencies in material or workmanship which impair service to subscribers, System performance, billing, administration and/or maintenance. In the case of Software, the Product Warranty Period applicable to any such Software will be automatically extended upon, and simultaneous with, any Software Upgrade issued pursuant to the terms of Section 12. The Vendor will assign to the Owner all outstanding Subcontractor warranties attributable to Non-Essential Equipment at such time that the Vendor's warranty on such Non-Essential Equipment pursuant to this subsection 17.1 expires pursuant to and in accordance with the Product Warranty Period applicable to such Item of Non-Essential Equipment. The Warranty Period for a PCS Product or part thereof repaired or provided as a replacement under this Product warranty is six (6) months or the unexpired term of the new Product Warranty Period applicable to the repaired or replaced PCS Product or part, whichever is longer. (b) To the extent the Owner orders additional Products from the Vendor in accordance with the terms of this Contract including, but not limited to, subsections 2.2 and/or 7.2, any such Products so ordered by the Owner and delivered and installed by the Vendor or its Subcontractors will be warranted to the same extent as set forth in clause (a) above for a period of not less than twenty four (24) months from the earlier of (i) the date the Owner puts such additional Products into In Revenue Servicewarranties implied or imposed by applicable Laws, (ii) express warranties contained in the date Company’s or any of the Owner's acceptance its Subsidiaries’ standard terms and conditions of sale, (iii) thirty warranties set forth in customer purchase orders and in other Contracts entered into with customers, (30iv) days after manufacturer warranties related to products sold or delivered by the Vendor completes the installation Company or any of such additional Products. If its Subsidiaries, and (v) warranties given in the eventordinary course of business. since January 1, pursuant 2017 neither the Company nor any of its Subsidiaries has given a warranty in respect of any products supplied, manufactured, sold or delivered by it, and there have not been any material deviations from such warranties and none of the employees or agents of the Company or any of the Company’s Subsidiaries (i) is authorized to undertake obligations to any customer or to other third parties which expands such warranties, or (ii) to the Owner's order Company’s Knowledge, has made any oral warranty with respect to such products or services of the Company or any of the Company’s Subsidiaries. Each product sold or delivered by Company or its Subsidiaries since January 1, 2017 conforms in all material respects with the customer specifications for such additional Products product, all applicable contractual commitments and all applicable express and implied warranties. Neither the Vendor is not required Company nor any of its Subsidiaries has any material liability or obligation that could reasonably be expected to install such additional Products, the warranty on such additional products will run twenty-four have a Company Material Adverse Effect (24) months from the date the Vendor shipped such products and to the OwnerKnowledge of the Company, there is no basis for any present or future action, suit, proceeding, hearing, investigation, charge, complaint, claim or demand against the Company or any of its Subsidiaries giving rise to any material liability or obligation that could reasonably be expected to have a Company Material Adverse Effect) for replacement or repair thereof, indemnification with respect thereto or other damages in connection therewith that arose in each case of January 1, 2017, except liabilities or obligations for replacement, return or repair incurred in the ordinary course of business consistent with past practices.

Product Warranty. (a) The Vendor All technical support installation, product warranty, and post warranty services are provided only at the original installed location. Product warranty is NONTRANSFERABLE from one location to another, except with the prior written consent of Seller. a. Seller warrants that, that for a period of two one (21) years from year following shipment the date of Final Acceptance of any PCS System and/or PCS Sub-System, as the case may be Equipment will: (the "Product Warranty Period"), all Products and all of the Installation and the Configuration Engineering thereof within such PCS System and/or PCS Sub-System, as the case may be, will materially conform with and perform the functions set forth in the Specifications and the relevant performance criteria set forth in Exhibit D, to the extent applicable, and will i) be free from Defects defects in materials and Deficiencies workmanship; and (ii) conform to the specifications agreed to by the Parties in material or workmanship which impair service to subscribers, System performance, billing, administration and/or maintenancewriting. In the case of Software, the Product Warranty Period applicable to any such Software Seller warrants that Services will be automatically extended uponperformed in a workmanlike manner and such warranty shall be limited to a period of one (1) year from date of service (other than warranty services and services performed gratis). Buyer’s sole and exclusive remedy for any breach of warranty related to Equipment will be limited to, at Seller’s option, replacement, repair or refund of the purchase price of the Equipment that does not conform with the warranties, provided that Buyer notifies Seller of such defect in writing within ten (10) days after Buyer knows or has reason to know thereof, and simultaneous with, any Software Upgrade issued pursuant to provided further that inspection of the terms of Section 12. The Vendor will assign to the Owner all outstanding Subcontractor warranties attributable to Non-Essential Equipment at such time by Seller discloses that the Vendor's warranty on such Non-Essential Equipment pursuant to this subsection 17.1 expires pursuant to defect developed under normal and in accordance with proper use of the Product Warranty Period applicable to such Item of Non-Essential Equipment. The Warranty Period for a PCS Product or part thereof repaired or provided as a replacement under this Product warranty is six (6) months or the unexpired term of the new Product Warranty Period applicable to the repaired or replaced PCS Product or part, whichever is longer. (b) To the extent the Owner orders additional Products from the Vendor in accordance with the terms of this Contract Wear parts including, but not limited to, subsections 2.2 and/or 7.2process piping, any such Products so ordered by interaction or reaction xxxxxxxx, auxiliary processing modules, screens, elastomeric seals, transducers, back-up rings, o-rings, and gaskets are not warranted for the Owner and delivered and installed by the Vendor or its Subcontractors will be warranted to the same extent as set forth in clause (a) period stated above but only for a period of not less than twenty four ninety (2490) months days from the earlier date of shipment. This warranty will not apply to Equipment that: (i) the date the Owner puts such additional Products into In Revenue Serviceis damaged due to misuse, abuse, negligence or accident occurring during or after shipment; (ii) is changed or modified (unless the date change or modification is made by or in accordance with written instructions of the Owner's acceptance and Seller); (iii) thirty deteriorates due to erosion, abrasions or chemical action; (30iv) days after fails due to improper installation (except for installation provided or supervised by Seller), operation or maintenance; (v) fails due to any non-Seller equipment, or system with which Equipment is used; or (vi) Buyer operates in any manner other than in accordance with Seller’s manual, guidelines, operating instructions or other material. b. Equipment will not be returned to Seller without Seller's written permission. Provision of a replacement part or component will not operate to extend the Vendor completes warranty period for any Equipment. Seller reserves the installation right to inspect Equipment that is subject to warranty claims and to require the return of such additional Products. If in the eventEquipment that is subject to warranty c. THE FOREGOING WARRANTIES ARE EXCLUSIVE AND IN LIEU OF, pursuant to the Owner's order for such additional Products the Vendor is not required to install such additional ProductsAND SELLER DISCLAIMS AND BUYER WAIVES, the warranty on such additional products will run twenty-four ALL OTHER WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND OF ANY OTHER TYPE, WHETHER EXPRESS OR IMPLIED, ARISING BY LAW (24STATUTORY OR OTHERWISE) months from the date the Vendor shipped such products to the OwnerAND WHETHER OR NOT OCCASIONED BY SELLER’S NEGLIGENCE.

Product Warranty. (a) The Vendor Heska warrants that, for a period of two (2) years from that the date of Final Acceptance of any PCS System and/or PCS Sub-System, as Product supplied under this Agreement shall meet the case may be (the "Product Warranty Period"), all Products and all of the Installation and the Configuration Engineering thereof within such PCS System and/or PCS Sub-System, as the case may be, will materially conform with and perform the functions specifications set forth in the Specifications and the relevant performance criteria set forth in Exhibit DAppendix B hereof. HESKA MAKES NO OTHER WARRANTIES, to the extent applicableEXPRESS OR IMPLIED, and will be free from Defects and Deficiencies in material or workmanship which impair service to subscribersWITH RESPECT TO THE PRODUCT. ALL OTHER WARRANTIES, System performanceEXPRESS OR IMPLED, billingINCLUDING, administration and/or maintenance. In the case of SoftwareWITHOUT LIMITATION, the Product Warranty Period applicable to any such Software will be automatically extended upon, and simultaneous with, any Software Upgrade issued pursuant to the terms of Section 12. The Vendor will assign to the Owner all outstanding Subcontractor warranties attributable to Non-Essential Equipment at such time that the Vendor's warranty on such Non-Essential Equipment pursuant to this subsection 17.1 expires pursuant to and in accordance with the Product Warranty Period applicable to such Item of Non-Essential Equipment. The Warranty Period for a PCS Product or part thereof repaired or provided as a replacement under this Product warranty is six (6) months or the unexpired term of the new Product Warranty Period applicable to the repaired or replaced PCS Product or part, whichever is longerTHE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE ARE HEREBY DISCLAIMED. (b) To If the extent Parties determine that the Owner orders additional Products from Product fails to meet the Vendor specifications set forth in Appendix B hereof and such failure is not the fault of Schering, then Schering may return the defective Product at Heska’s expense for a refund or credit, at Heska’s sole option. (c) Heska represents, warrants, and covenants that the Product sold to Schering pursuant to this Agreement shall: (i) be manufactured, packaged, and labeled in accordance with Good Manufacturing Practices, any substantive equivalent of Good Manufacturing Practices in the Territory, the specifications of Appendix B hereof, and the terms of this Agreement; (ii) be free of all defects and deleterious materials; (iii) not be adulterated or misbranded under the provisions of the Federal Food and Drug Cosmetic Act, as amended by the FDA Modernization Act of 1997; (iv) be manufactured, packaged, and tested to ensure that the Product meets the specifications of Appendix B hereof for identity, potency, quality, purity, and stability; (v) be manufactured in accordance with the terms quality control program which Heska shall maintain during the term and any subsequent term of this Contract including, but not limited to, subsections 2.2 and/or 7.2, any such Products so ordered by the Owner Agreement; (vi) bear a true and delivered and installed by the Vendor or its Subcontractors will be warranted to the same extent accurate expiration date as set forth in clause the specifications of Appendix B hereof; and (avii) above for have, as of the date of receipt of such Product at the facility of Schering, a period remaining shelf life of not less than twenty four three (243) months from shorter than the earlier total stated shelf life of such Product as set forth in Section 5.1(c)(vi) above. Heska shall use its best efforts to extend the expiration date to a total stated shelf-life consistent with the total stated shelf life of HEARTGARDâ Plus for dogs manufactured by Merial Limited, as determined by stability studies, such studies to begin with the first three (i3) lots of Product produced under this Agreement. For purposes of this Agreement, the date the Owner puts such additional Products into In Revenue Serviceterm “Good Manufacturing Practices” shall mean all laws, (ii) the date regulations, and other applicable quality standards for manufacture, production, or other handling of the Owner's acceptance Product, as established under applicable laws, including, without limitation, the current Good Manufacturing Practices now or hereafter in effect and (iii) thirty (30) days after the Vendor completes the installation of such additional Products. If as amended from time to time by any governmental authority in the event, pursuant to the Owner's order for such additional Products the Vendor is not required to install such additional Products, the warranty on such additional products will run twenty-four (24) months from the date the Vendor shipped such products to the OwnerTerritory.

Product Warranty. (a) The Vendor Heska warrants that, for a period of two (2) years from that the date of Final Acceptance of any PCS System and/or PCS Sub-System, as Product supplied under this Agreement shall meet the case may be (the "Product Warranty Period"), all Products and all of the Installation and the Configuration Engineering thereof within such PCS System and/or PCS Sub-System, as the case may be, will materially conform with and perform the functions specifications set forth in the Specifications and the relevant performance criteria set forth in Exhibit DAppendix B hereof. HESKA MAKES NO OTHER WARRANTIES, to the extent applicableEXPRESS OR IMPLIED, and will be free from Defects and Deficiencies in material or workmanship which impair service to subscribersWITH RESPECT TO THE PRODUCT. ALL OTHER WARRANTIES, System performanceEXPRESS OR IMPLED, billingINCLUDING, administration and/or maintenance. In the case of SoftwareWITHOUT LIMITATION, the Product Warranty Period applicable to any such Software will be automatically extended upon, and simultaneous with, any Software Upgrade issued pursuant to the terms of Section 12. The Vendor will assign to the Owner all outstanding Subcontractor warranties attributable to Non-Essential Equipment at such time that the Vendor's warranty on such Non-Essential Equipment pursuant to this subsection 17.1 expires pursuant to and in accordance with the Product Warranty Period applicable to such Item of Non-Essential Equipment. The Warranty Period for a PCS Product or part thereof repaired or provided as a replacement under this Product warranty is six (6) months or the unexpired term of the new Product Warranty Period applicable to the repaired or replaced PCS Product or part, whichever is longerTHE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE ARE HEREBY DISCLAIMED. (b) To If the extent Parties determine that the Owner orders additional Products from Product fails to meet the Vendor specifications set forth in Appendix B hereof and such failure is not the fault of Schering, then Schering may return the defective Product at Heska's expense for a refund or credit, at Heska's sole option. (c) Heska represents, warrants, and covenants that the Product sold to Schering pursuant to this Agreement shall: (i) be manufactured, packaged, and labeled in accordance with Good Manufacturing Practices, any substantive equivalent of Good Manufacturing Practices in the Territory, the specifications of Appendix B hereof, and the terms of this Agreement; (ii) be free of all defects and deleterious materials; (iii) not be adulterated or misbranded under the provisions of the Federal Food and Drug Cosmetic Act, as amended by the FDA Modernization Act of 1997; (iv) be manufactured, packaged, and tested to ensure that the Product meets the specifications of Appendix B hereof for identity, potency, quality, purity, and stability; (v) be manufactured in accordance with the terms quality control program which Heska shall maintain during the term and any subsequent term of this Contract including, but not limited to, subsections 2.2 and/or 7.2, any such Products so ordered by the Owner Agreement; (vi) bear a true and delivered and installed by the Vendor or its Subcontractors will be warranted to the same extent accurate expiration date as set forth in clause the specifications of Appendix B hereof; and (avii) above for have, as of the date of receipt of such Product at the facility of Schering, a period remaining shelf life of not less than twenty four three (243) months from shorter than the earlier total stated shelf life of such Product as set forth in Section 5.1(c)(vi) above. Heska shall use its best efforts to extend the expiration date to a total stated shelf-life consistent with the total stated shelf life of HEARTGARD® Plus for dogs manufactured by Merial Limited, as determined by stability studies, such studies to begin with the first three (i3) lots of Product produced under this Agreement. For purposes of this Agreement, the date the Owner puts such additional Products into In Revenue Serviceterm "Good Manufacturing Practices" shall mean all laws, (ii) the date regulations, and other applicable quality standards for manufacture, production, or other handling of the Owner's acceptance Product, as established under applicable laws, including, without limitation, the current Good Manufacturing Practices now or hereafter in effect and (iii) thirty (30) days after the Vendor completes the installation of such additional Products. If as amended from time to time by any governmental authority in the event, pursuant to the Owner's order for such additional Products the Vendor is not required to install such additional Products, the warranty on such additional products will run twenty-four (24) months from the date the Vendor shipped such products to the OwnerTerritory.

Product Warranty. Alfacell represents and warrants that Product delivered hereunder will: (ai) The Vendor warrants that, for a period of two be Manufactured in accordance with all applicable Regulatory Approvals (2) years from the date of Final Acceptance of any PCS System and/or PCS Sub-System, as the case may be (the "Product Warranty Period"), all Products and all of the Installation and the Configuration Engineering thereof within such PCS System and/or PCS Sub-System, as the case may be, will materially conform with and perform the functions set forth in the Specifications and the relevant performance criteria set forth in Exhibit D, to the extent applicableapplicable at the time of Manufacturing), relevant cGMPs and will be free from Defects other applicable U.S. laws, rules and Deficiencies regulations, as then in material or workmanship which impair service effect; (ii) conform to subscribers, System performance, billing, administration and/or maintenance. In the case of Software, the Product Warranty Period applicable Specifications at the time of delivery; (iii) be capable of maintaining conformity to any such Software will be automatically extended upon, said Product Specifications and simultaneous with, any Software Upgrade issued pursuant to the terms of Section 12. The Vendor will assign to the Owner all outstanding Subcontractor warranties attributable to Non-Essential Equipment at such time that the Vendor's warranty on such Non-Essential Equipment pursuant to this subsection 17.1 expires pursuant to requirements when handled and stored in accordance with the Product Warranty Period Labeling until the applicable to such Item of Non-Essential Equipment. The Warranty Period for a PCS Product or part thereof repaired or provided as a replacement under this Product warranty is six (6) months or the unexpired term of the new Product Warranty Period applicable to the repaired or replaced PCS Product or part, whichever is longer. (b) To the extent the Owner orders additional Products from the Vendor in accordance with the terms of this Contract including, but not limited to, subsections 2.2 and/or 7.2, any such Products so ordered by the Owner and delivered and installed by the Vendor or its Subcontractors will be warranted to the same extent as set forth in clause (a) above for a period of not less than twenty four (24) months from the earlier of (i) the date the Owner puts such additional Products into In Revenue Service, (ii) the expiry date of such Product (assuming such expiry date is based upon the Owner's acceptance accurate shelf life for Product); and (iiiiv) thirty (30) days after not be misbranded or adulterated under the Vendor completes the installation of such additional Productslaw. If in the eventWITHOUT LIMITING ALFACELL’S INDEMNIFICATION OBLIGATIONS UNDER SECTION 12.1 WITH RESPECT TO THIRD-PARTY CLAIMS AND EXPENSES ARISING OUT OF, pursuant to the Owner's order for such additional Products the Vendor is not required to install such additional ProductsOR RESULTING FROM, the warranty on such additional products will run twentyALFACELL’S BREACH OF THE PRODUCT WARRANTY IN THIS SECTION 9.1, EXCEPT FOR WILLFUL MISCONDUCT OR GROSS NEGLIGENCE BY ALFACELL, ITS AFFILIATES OR ITS THIRD PARTY MANUFACTURER OR ANY OF THEIR RESPECTIVE EMPLOYEES OR AGENTS, ALFACELL’S EXCLUSIVE LIABILITY FOR ALFACELL’S SUPPLY OF DEFECTIVE PRODUCT SHALL BE REPLACEMENT OF SUCH PRODUCT OR CREDIT THEREFOR. THE WARRANTY SET FORTH IN THIS SECTION 9.1 IS VOID TO THE EXTENT PRODUCT FAILURE OR DEFICIENCIES ARE ATTRIBUTABLE TO AN ACT OR OMISSION OF PAR, ITS AFFILIATES, EMPLOYEES, AGENTS OR PERMITTED SUB-four (24) months from the date the Vendor shipped such products to the OwnerDISTRIBUTORS, OR ANY OF THEIR RESPECTIVE EMPLOYEES OR AGENTS.

Product Warranty. (aSubject to the exclusions and other limitations set forth in this Section 12.1, Supplier warrants that the Product(s) The Vendor warrants thatwill be free from defects in design, materials and workmanship and will conform in all respects to the Specification(s) at the time of delivery of the Product to Sun and for a period of two (2) years [...***...] months from the date of Final Acceptance delivery of any PCS System and/or PCS Sub-Systemthe Product to Sun. Supplier shall (a) for field failures, as (i) first, repair or replace defective Product within the case may number of days set forth in Exhibit B after notification from Sun that the Product is defective or does not conform to the Specifications; (ii) then, if the Products can not be repaired or replaced within a commercially reasonable time, credit Sun for the amount paid for Product that has been returned to Supplier; and (b) for failures in manufacturing, within five (5) days after notice from Sun, credit Sun for the "amount paid for Product Warranty Period"), all Products that has been returned to Supplier and all freight charges related to the product return. Supplier makes no, and hereby disclaims, any warranty with respect to any design provided by Sun. [...***...] = CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, MARKED BY BRACKETS, HAS BEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 24b-2 OF THE SECURITIES EXCHANGE ACT OF 1934, AS AMENDED. Supplier shall not be required to make repairs or cause replacements of Products due to any of the Installation and following events, so long as they are not due to Supplier: (a) unauthorized modification or use outside the Configuration Engineering thereof within such PCS System and/or PCS Sub-System, as the case may be, will materially conform with and perform the functions operating environment set forth in the Specifications and the relevant performance criteria set forth in Exhibit D, to the extent applicable, and will be free from Defects and Deficiencies in material or workmanship which impair service to subscribers, System performance, billing, administration and/or maintenance. In the case of Software, the Product Warranty Period applicable to any such Software will be automatically extended upon, and simultaneous with, any Software Upgrade issued pursuant to the terms of Section 12. The Vendor will assign to the Owner all outstanding Subcontractor warranties attributable to Non-Essential Equipment at such time that the Vendor's warranty on such Non-Essential Equipment pursuant to this subsection 17.1 expires pursuant to and in accordance with the Product Warranty Period applicable to such Item of Non-Essential Equipment. The Warranty Period for a PCS Product or part thereof repaired or provided as a replacement under this Product warranty is six (6) months or the unexpired term of the new Product Warranty Period applicable to the repaired or replaced PCS Product or part, whichever is longer. Specification; (b) To misuse, abuse, or improper installation; or (c) accident or negligence in use, storage, transportation (except when such transportation is the extent the Owner orders additional Products from the Vendor in accordance with the terms responsibility of Supplier) or handling. The warranty of this Contract includingSection 12.1 shall not apply to engineering prototype (but, but not limited tofor clarification purposes, subsections 2.2 and/or 7.2does apply to evaluation, any such Products so ordered by the Owner training and delivered and installed by the Vendor or its Subcontractors will be warranted to the same extent as set forth in clause (a) above for a period of not less than twenty four (24) months from the earlier of (i) the date the Owner puts such additional Products into In Revenue Service, (ii) the date of the Owner's acceptance and (iii) thirty (30) days after the Vendor completes the installation of such additional Products. If in the event, pursuant to the Owner's order for such additional Products the Vendor is not required to install such additional Products, the warranty on such additional products will run twenty-four (24) months from the date the Vendor shipped such products to the Ownerdemo units provided under Section 14.7).

Product Warranty. (a) The Vendor All technical support installation, product warranty, and post warranty services are provided only at the original installed location. Product warranty is NONTRANSFERABLE from one location to another, except with the prior written consent of Seller. a. Seller warrants that, that for a period of two one (21) years from year following shipment the date of Final Acceptance of any PCS System and/or PCS Sub-System, as the case may be Equipment will: (the "Product Warranty Period"), all Products and all of the Installation and the Configuration Engineering thereof within such PCS System and/or PCS Sub-System, as the case may be, will materially conform with and perform the functions set forth in the Specifications and the relevant performance criteria set forth in Exhibit D, to the extent applicable, and will i) be free from Defects defects in materials and Deficiencies workmanship; and (ii) conform to the specifications agreed to by the Parties in material or workmanship which impair service to subscribers, System performance, billing, administration and/or maintenancewriting. In the case of Software, the Product Warranty Period applicable to any such Software Seller warrants that Services will be automatically extended uponperformed in a workmanlike manner and such warranty shall be limited to a period of one (1) year from date of service (other than warranty services and services performed gratis). Buyer’s sole and exclusive remedy for any breach of warranty related to Equipment will be limited to, at Seller’s option, replacement, repair or refund of the purchase price of the Equipment that does not conform with the warranties, provided that Buyer notifies Seller of such defect in writing within ten (10) days after Buyer knows or has reason to know thereof, and simultaneous with, any Software Upgrade issued pursuant to provided further that inspection of the terms of Section 12. The Vendor will assign to the Owner all outstanding Subcontractor warranties attributable to Non-Essential Equipment at such time by Seller discloses that the Vendor's warranty on such Non-Essential Equipment pursuant to this subsection 17.1 expires pursuant to defect developed under normal and in accordance with proper use of the Product Warranty Period applicable to such Item of Non-Essential Equipment. The Warranty Period for a PCS Product or part thereof repaired or provided as a replacement under this Product warranty is six (6) months or the unexpired term of the new Product Warranty Period applicable to the repaired or replaced PCS Product or part, whichever is longer. (b) To the extent the Owner orders additional Products from the Vendor in accordance with the terms of this Contract Wear parts including, but not limited to, subsections 2.2 and/or 7.2process piping, any such Products so ordered by interaction or reaction xxxxxxxx, auxiliary processing modules, screens, elastomeric seals, transducers, back-up rings, o-rings, and gaskets are not warranted for the Owner and delivered and installed by the Vendor or its Subcontractors will be warranted to the same extent as set forth in clause (a) period stated above but only for a period of not less than twenty four ninety (2490) months days from the earlier date of shipment. This warranty will not apply to Equipment that: (i) the date the Owner puts such additional Products into In Revenue Serviceis damaged due to misuse, abuse, negligence or accident occurring during or after shipment; (ii) is changed or modified (unless the date change or modification is made by or in accordance with written instructions of the Owner's acceptance and Seller); (iii) thirty deteriorates due to erosion, abrasions or chemical action; (30iv) days after fails due to improper installation (except for installation provided or supervised by Seller), operation or maintenance; (v) fails due to any non-Seller equipment, or system with which Equipment is used; or (vi) Buyer operates in any manner other than in accordance with Seller’s manual, guidelines, operating instructions or other material. b. Equipment will not be returned to Seller without Seller's written permission. Provision of a replacement part or component will not operate to extend the Vendor completes warranty period for any Equipment. Seller reserves the installation right to inspect Equipment that is subject to warranty claims and to require the return of such additional ProductsEquipment that is subject to warranty claims to Seller’s Warehouse at Buyer’s expense; provided, however, that it is determined that the issue with returned Equipment is covered by warranty, Seller will reimburse Buyer for freight charges associated with the return of such Equipment to Seller’s Warehouse. If in Seller also reserves the eventright to use reconditioned parts and components for warranty replacements. c. THE FOREGOING WARRANTIES ARE EXCLUSIVE AND IN LIEU OF, pursuant to the Owner's order for such additional Products the Vendor is not required to install such additional ProductsAND SELLER DISCLAIMS AND BUYER WAIVES, the warranty on such additional products will run twenty-four ALL OTHER WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND OF ANY OTHER TYPE, WHETHER EXPRESS OR IMPLIED, ARISING BY LAW (24STATUTORY OR OTHERWISE) months from the date the Vendor shipped such products to the OwnerAND WHETHER OR NOT OCCASIONED BY SELLER’S NEGLIGENCE.

Product Warranty. (a) The Vendor warrants that, for a period of two ---------------- (2) years from the date of Final Acceptance of any PCS System and/or PCS Sub-System, as the case may be (the "Product Warranty Period"), all Products and all of the Installation and the Configuration Engineering thereof within such PCS System and/or PCS Sub-System, as the case may be, will materially conform with and perform the functions set forth in the Specifications and the relevant performance criteria set forth in Exhibit D, to the extent applicable, and will be free from Defects and Deficiencies in material or workmanship which impair service to subscribers, System performance, billing, administration and/or maintenance. In the case of Software, the Product Warranty Period applicable to any such Software will be automatically extended upon, and simultaneous with, any Software Upgrade issued pursuant to the terms of Section 12. The Vendor will assign to the Owner all outstanding Subcontractor warranties attributable to Non-Essential Equipment at such time that the Vendor's warranty on such Non-Non- Essential Equipment pursuant to this subsection 17.1 expires pursuant to and in accordance with the Product Warranty Period applicable to such Item of Non-Non- Essential Equipment. The Warranty Period for a PCS Product or part thereof repaired or provided as a replacement under this Product warranty is six (6) months or the unexpired term of the new Product Warranty Period applicable to the repaired or replaced PCS Product or part, whichever is longer. (b) To the extent the Owner orders additional Products from the Vendor in accordance with the terms of this Contract including, but not limited to, subsections 2.2 and/or 7.2, any such Products so ordered by the Owner and delivered and installed by the Vendor or its Subcontractors will be warranted to the same extent as set forth in clause (a) above for a period of not less than twenty four (24) months from the earlier of (i) the date the Owner puts such additional Products into In Revenue Service, (ii) the date of the Owner's acceptance and (iii) thirty (30) days after the Vendor completes the installation of such additional Products. If in the event, pursuant to the Owner's order for such additional Products the Vendor is not required to install such additional Products, the warranty on such additional products will run twenty-four (24) months from the date the Vendor shipped such products to the Owner.

Product Warranty. (a) The Vendor Accuray hereby represents and warrants that, that the CyberHeart Products or CyberKnife Components delivered to CyberHeart by Accuray under this Manufacturing and Supply Agreement will be free of defects in workmanship and materials for a period of two (2) years from the date of Final Acceptance of any PCS System and/or PCS Sub-System, as the case may be (the "Product Warranty Period"), all Products and all of the Installation and the Configuration Engineering thereof within such PCS System and/or PCS Sub-System, as the case may be, will materially conform with and perform the functions set forth in the Specifications and the relevant performance criteria set forth in Exhibit D, to the extent applicable, and will be free from Defects and Deficiencies in material or workmanship which impair service to subscribers, System performance, billing, administration and/or maintenance. In the case of Software, the Product Warranty Period applicable to any such Software will be automatically extended upon, and simultaneous with, any Software Upgrade issued pursuant to the terms of Section 12. The Vendor will assign to the Owner all outstanding Subcontractor warranties attributable to Non-Essential Equipment at such time that the Vendor's warranty on such Non-Essential Equipment pursuant to this subsection 17.1 expires pursuant to and in accordance with the Product Warranty Period applicable to such Item of Non-Essential Equipment. The Warranty Period for a PCS Product or part thereof repaired or provided as a replacement under this Product warranty is six (6) months or the unexpired term of the new Product Warranty Period applicable to the repaired or replaced PCS Product or part, whichever is longer. (b) To the extent the Owner orders additional Products from the Vendor in accordance with the terms of this Contract including, but not limited to, subsections 2.2 and/or 7.2, any such Products so ordered by the Owner and delivered and installed by the Vendor or its Subcontractors will be warranted to the same extent as set forth in clause (a) above for a period of not less than twenty four (24) months from the earlier of (i) the date the Owner puts such additional Products into In Revenue Service, eighteen (ii) the date of the Owner's acceptance and (iii) thirty (30) days after the Vendor completes the installation of such additional Products. If in the event, pursuant to the Owner's order for such additional Products the Vendor is not required to install such additional Products, the warranty on such additional products will run twenty-four (2418) months from the date of delivery to CyberHeart or (ii) twelve (12) months from the Vendor shipped date of delivery to an end-user by or on behalf of CyberHeart (“Warranty Period”). CyberHeart’s exclusive remedy and Accuray’s sole liability under this Section C.6(b) shall be for Accuray, at its option, either to repair or replace the CyberHeart Products or CyberKnife Components found to have a material manufacturing defect, if such products defect is reported to the OwnerAccuray within the Warranty Period and CyberHeart, at Accuray’s request, provides Accuray with sufficient information to reproduce the defect in question. If Accuray determines that it cannot remedy such defect, it no longer has the equipment necessary to repair the defect, or it has no replacement CyberHeart Products or CyberKnife Components, Accuray may, at its option, refund the purchase price paid to it by CyberHeart for such CyberHeart Products or CyberKnife Components. Accuray’s warranty hereunder shall be void if the CyberHeart Products or CyberKnife Components have been subjected to abuse, misuse, accident, alteration, neglect, extended storage by CyberHeart prior to installation, operation inconsistent with the product documentation, or unauthorized repair, installation, or alteration by anyone other than Accuray.

Product Warranty. (a) With reference to orders relating to the supply of Products, the Supplier issues to the Customer the guarantee provided for in this Article 7, except as otherwise indicated in the relevant Order. b) The Vendor warrants thatSupplier guarantees that the Customer will purchase the full ownership and availability of the Products, not burdened by constraints, pledges, privileges, usufruct, charges, prejudices or other restrictions of any kind. c) The Supplier guarantees that for a period of two (2) years 36 months from its delivery, the date of Final Acceptance of any PCS System and/or PCS Sub-System, as the case may be (the "Product Warranty Period"), all Products and all of the Installation and the Configuration Engineering thereof within such PCS System and/or PCS Sub-System, as the case may be, will materially conform with and perform the functions set forth in the Specifications and the relevant performance criteria set forth in Exhibit D, delivered to the extent applicable, and will Customer (i)will be free from Defects of defects in materials or components, manufacturing and/or design, (ii) will have the fundamental and Deficiencies in material or workmanship essential qualities to be marketed and for the use for which impair service to subscribers, System performance, billing, administration and/or maintenance. In the case of Software, the Product Warranty Period applicable to any such Software will be automatically extended upon, they are intended,(iii)will comply with technical standards and simultaneous with, any Software Upgrade issued pursuant to the terms of Section 12. The Vendor will assign to the Owner all outstanding Subcontractor warranties attributable to Non-Essential Equipment at such time that the Vendor's warranty on such Non-Essential Equipment pursuant to this subsection 17.1 expires pursuant to specifications and in accordance with the Product Warranty Period applicable to such Item of Non-Essential Equipment. The Warranty Period for a PCS Product or part thereof repaired or provided as a replacement under this Product warranty is six related technical documentation (6) months or the unexpired term of the new Product Warranty Period applicable to the repaired or replaced PCS Product or part, whichever is longer. (b) To the extent the Owner orders additional Products from the Vendor in accordance with the terms of this Contract including, but not limited to, subsections 2.2 compliance with the requirements set out in article 6 above), and (iv) will comply with the additional terms and/or 7.2conditions referred to in the relevant Order... d) In the event that a Product is defective or, in any such Products so ordered case, does not comply with the above warranty, the Customer may choose, by communicating it to the Supplier at any time during the relative warranty period (also by way of derogation from any different terms provided for in Articles 1495 and 1512 c.c.), according to his preference and at his sole discretion (and the Supplier will be required to act in accordance with this) any of the following options : i. request the Supplier to repair or replace the Products, in both cases free of charge. The Supplier must repair or replace the Products, in accordance with the Customer's instructions, within 14 days of the Customer's request or any longer period deemed necessary by the Owner Customer in his reasonable opinion, taking into account the nature and delivered and installed characteristics of the supply; that is, ii. restore or have the Products restored by third parties chosen by the Vendor or its Subcontractors will be warranted Customer and ask the Supplier to keep the Customer unscathed from the related costs and expenses that the Customer may have incurred, either by direct reimbursement of such costs and expenses to the same extent as set forth Customer or by means of compensation for any consideration due to the Supplier and not yet paid by the Customer with the amount corresponding to these costs and expenses , either by means of a reduction of an amount corresponding to these costs and expenses on the purchase price of any additional Product, at the customer's request; that is, iii. purchase from third parties new Products in clause (aplace of defective and/or non-compliant Products delivered by the Supplier and request the Supplier to keep the Customer free for the consideration paid for the purchase of such new Products and for any other costs or expenses that the Customer may have incurred, either by direct reimbursement of this consideration, costs and expenses to the Customer, or by means of compensation for any consideration due to the Supplier and not yet paid by the Customer with the amount corresponding to this consideration, costs and expenses, and by means of the discount of an amount corresponding to that consideration, costs and expenses on the purchase price of any additional Product, at the customer's request. e) above In the event that the Supplier does not repair or replace the Products or does not refund, compensate or discount the consideration, costs and expenses incurred by the Customer for a period repairing or having the Products repaired by third parties or for having purchased new Products from third parties, the Customer will have the right to: i. refuse to make any payment due to the Supplier until the Supplier has fulfilled all its obligations under any of not less than twenty four (24) months from the earlier of applicable remedies referred to in the letters (i) the date the Owner puts such additional Products into In Revenue Service, and (ii) above; And ii. in any case, suspend the date supply of the Owner's acceptance and (iii) thirty (30) days after the Vendor completes the installation of such additional Products. If in the event, any other Product pursuant to orders already given by the Owner's order for such additional Products the Vendor is not required to install such additional Products, the warranty on such additional products will run twenty-four (24) months from the date the Vendor shipped such products Customer to the OwnerSupplier.

Product Warranty. In connection with the rights granted hereunder, Kobiton warrants that the Products delivered by Kobiton to Customer will substantially perform in all material respects in accordance with the Documentation (the “Product Warranty”) for the 30 day period following the beginning of the Subscription Term of the applicable Order (“Product Warranty Period”). If any nonconformities of the Products to the Product Warranty occur within the Product Warranty Period, then upon written notice to Kobiton within the Product Warranty Period, Kobiton will, without additional compensation, either (a) The Vendor warrants thatuse its reasonable efforts to repair, for at its facilities, the Product, or (b) replace the Product (or nonconforming component), in each case to correct the nonconformity. If, in Kobiton’s discretion, Kobiton is unable to correct the nonconformity within a period of two reasonable period, or if neither option (2a) years from nor (b) is commercially feasible, then Kobiton may terminate the date of Final Acceptance Order upon written notice to Customer, Customer will return the Products, and upon return Kobiton will refund the pro rata portion of any PCS System and/or PCS Sub-Systempaid but unused fees for the returned Product. The Product Warranty Period is not extended in any way by any enhancement or update, as by subscribing for more Products or by any delivery of additional Products, and replacement or repair of the case may be (Product does not extend the "Product Warranty Period"). For clarity, all newly subscribed-for Products and all of receive the Installation and Product Warranty from their delivery date, but the Configuration Engineering thereof within such PCS System and/or PCS Sub-System, as the case may be, will materially conform with and perform the functions set forth in the Specifications and the relevant performance criteria set forth in Exhibit D, to the extent applicable, and will be free from Defects and Deficiencies in material or workmanship which impair service to subscribers, System performance, billing, administration and/or maintenance. In the case of Software, new Products do not extend the Product Warranty Period applicable to any such Software will be automatically extended upon, and simultaneous with, any Software Upgrade issued pursuant to the terms of Section 12for previously subscribed-for Products. The Vendor will assign to the Owner all outstanding Subcontractor warranties attributable to Non-Essential Equipment at such time Product Warranty does not cover any Products: (i) that the Vendor's warranty on such Non-Essential Equipment pursuant to this subsection 17.1 expires pursuant to and have not been used in accordance with the Product Warranty Period applicable to such Item of Non-Essential Equipment. The Warranty Period for a PCS Product or part thereof repaired or provided as a replacement under this Product warranty is six (6) months or Agreement and the unexpired term of the new Product Warranty Period applicable to the repaired or replaced PCS Product or part, whichever is longer. (b) To the extent the Owner orders additional Products from the Vendor in accordance with the terms of this Contract including, but not limited to, subsections 2.2 and/or 7.2, any such Products so ordered by the Owner and delivered and installed by the Vendor or its Subcontractors will be warranted to the same extent as set forth in clause (a) above for a period of not less than twenty four (24) months from the earlier of (i) the date the Owner puts such additional Products into In Revenue Service, Documentation; (ii) that have been altered in any way by Customer or any third party not under the date control of the Owner's acceptance and Kobiton or its employees or agents; (iii) thirty (30) days after the Vendor completes the installation of such additional Products. If that are used in an operating environment other than as specified in the eventDocumentation; (iv) where such nonconformity is due to abuse, pursuant to the Owner's order for such additional Products the Vendor is neglect, or other improper use by Customer; or (v) where reported errors or nonconformities cannot required to install such additional Products, the warranty on such additional products will run twenty-four (24) months from the date the Vendor shipped such products to the Ownerbe reproduced by Kobiton working in good faith with Customer’s assistance.

Product Warranty. (ai) The Vendor warrants thatDuring the Warranty Period, the Equipment and Software shall be in compliance in all material respects with the then applicable (i.e., time of order) technical performance specifications set forth in Attachment H, and shall be free from defects in workmanship and materials. "Warranty Period" means: (A) for the hub and server Equipment and all Equipment and Software delivered therewith and installed in accordance with the provisions hereof, from the time of delivery to StarBand and for a period of two twelve (212) years months from the later of the purchase or the date of Final Acceptance commissioning of any PCS System and/or PCS Sub-Systemsuch hub and server Equipment; (B) for such Equipment that is part of hub operations services, as for the case may be period during which StarBand purchases such optional hub operations services from Gilat or Spacenet; and (the "Product Warranty Period"), C) for all Products other Equipment and all of the Installation and the Configuration Engineering thereof within such PCS System and/or PCS Sub-System, as the case may be, will materially conform with and perform the functions set forth in the Specifications and the relevant performance criteria set forth in Exhibit D, to the extent applicable, and will be free from Defects and Deficiencies in material or workmanship which impair service to subscribers, System performance, billing, administration and/or maintenance. In the case of Software, the Product Warranty Period applicable to any such Software will be automatically extended upon, and simultaneous with, any Software Upgrade issued pursuant to the terms of Section 12. The Vendor will assign to the Owner all outstanding Subcontractor warranties attributable to Non-Essential Equipment at such time that the Vendor's warranty on such Non-Essential Equipment pursuant to this subsection 17.1 expires pursuant to and in accordance with the Product Warranty Period applicable to such Item of Non-Essential Equipment. The Warranty Period for a PCS Product or part thereof repaired or provided as a replacement under this Product warranty is six (6) months or the unexpired term of the new Product Warranty Period applicable to the repaired or replaced PCS Product or part, whichever is longer. (b) To the extent the Owner orders additional Products from the Vendor in accordance with the terms time of this Contract including, but not limited to, subsections 2.2 and/or 7.2, any such Products so ordered by the Owner installation and delivered and installed by the Vendor or its Subcontractors will be warranted to the same extent as set forth in clause (a) above for a period of not less than twenty four twelve (2412) months from thereafter. Notwithstanding the earlier of (i) foregoing, Gilat and/or Spacenet do not warrant that the date the Owner puts such additional Products into In Revenue ServiceSoftware will be error free or uninterrupted in its use or operation. Thereafter, (ii) the date StarBand may purchase at its option an extended full warranty at an annual cost equal to [*] of the Ownerpurchase price for all Equipment subject to such extended warranty. Under this product warranty, Gilat will be responsible for the cost of any replacement parts and associated labor, overhead and related expenses. After the above product warranty periods have elapsed, Gilat will sell replacement parts to StarBand for a period of seven (7) years from StarBand's acceptance last purchase of particular products at prices equal to the then current USB box price, multiplied by [*] for the ODU, [*] for the USB Indoor Unit, [*] for the LNBs, and (iii) thirty (30) days after [*] for the Vendor completes antenna/mount system. Gilat reserves the installation right to provide notice that a particular part will be discontinued and to establish a time limit for all future orders of such additional Products. If in the event, pursuant to the Owner's order for such additional Products the Vendor is not required to install such additional Products, the warranty on such additional products will run twenty-four (24) months from the date the Vendor shipped such products to the Ownerpart.

Product Warranty. (ai) The Vendor Bottler warrants thatthat Products will: (A) be processed, for manufactured and labeled using sound manufacturing practices, with the services being performed in a period professional and workmanlike manner, and in all respects in accordance with Applicable Law and the highest standards of two quality in the industry and in a manner so as to ensure the safety of all persons and the preservation of property; (2B) years from the date of Final Acceptance of any PCS System and/or PCS Sub-System, as the case may be (the "Product Warranty Period"), strictly comply with all Products Specifications and all of Customer’s Product quality requirements provided to Bottler in writing or otherwise made available from time to time; (C) be in good, usable and merchantable condition and fit for human consumption within the Installation guidelines and the Configuration Engineering thereof within such PCS System and/or PCS Subsell-Systemby dates provided by Bottler; (D) be of high quality and free from defects (whether patent or latent) in workmanship, as the case may bedesign, will materially conform with production and perform the functions set forth in the Specifications materials; (E) be free of any and the relevant performance criteria set forth in Exhibit D, all liens and encumbrances; (F) have been handled properly up to the extent applicable, time of acceptance by Customer or its authorized representative or designated agent; and will (G) be free from Defects and Deficiencies in material or workmanship which impair service to subscribers, System performance, billing, administration and/or maintenance. In the case of Software, the Product Warranty Period applicable to any such Software will be automatically extended upon, and simultaneous with, any Software Upgrade issued pursuant to the terms of Section 12. The Vendor will assign to the Owner all outstanding Subcontractor warranties attributable to Non-Essential Equipment at such time that the Vendor's warranty on such Non-Essential Equipment pursuant to this subsection 17.1 expires pursuant to and produced in accordance with the Product Warranty Period applicable Section 1(c). These warranties are in addition to, and shall not be construed as restricting or limiting, all warranties and remedies of Customer, express or implied, provided by law. Any attempt by Bottler to limit, disclaim or restrict such Item of Non-Essential Equipmentwarranties shall be null and void. The Warranty Period for a PCS Product or part thereof repaired or All Bottler warranties provided as a replacement to Customer under this Product warranty is six Section 9 are fully transferrable and assignable to Customer’s customers, and their respective successors and assigns, and any other direct purchaser or end-user of any Product, including Customer’s Affiliates or subsidiaries (6) months or collectively, the unexpired term of the new Product Warranty Period applicable to the repaired or replaced PCS Product or part, whichever is longer“Authorized Purchasers”). (bii) To the extent the Owner orders additional Products from the Vendor in accordance with the terms of this Contract including, but not limited to, subsections 2.2 and/or 7.2, any such Products so ordered by the Owner and delivered and installed by the Vendor or its Subcontractors will be warranted to the same extent as The warranty period for each Product is set forth in clause (a) above for a period of not less than twenty four (24) months from the earlier of (i) the date the Owner puts such additional Products into In Revenue Service, (ii) the date of the Owner's acceptance and on Exhibit A. (iii) thirty If Customer, in its sole discretion, determines that Products fail to meet the warranties set forth above and/or Exhibit nonconformity with the Specifications, Customer standards, or other defects, in each case as determined either at the time of delivery at the Delivery Destination or at any time thereafter (30a “Nonconformity”), Customer in its sole discretion may, in addition to its other rights and remedies, and at Bottler’s sole cost and expense, take one or more of the following actions: (A) days after conduct a complete quality assurance inspection of the Vendor completes entire shipment or lot; (B) reject a portion of the, or the installation entire, shipment or lot, as Customer deems appropriate, and return the same to Bottler; (C) cancel any outstanding portion of the Purchase Order; (D) request replacement Products; (E) retain the Products and recover damages from the Bottler for breach of warranty and, in such event, continued use of such Products by Customer shall not constitute a waiver of Bottler’s breach of warranty; (F) request a written corrective action plan with respect to any Nonconformity, and if Customer deems such plan insufficient, Bottler shall provide either a revised corrective action plan or additional Products. If in information as to why Bottler believes the eventoriginal plan will satisfactorily address the Nonconformity; and/or (G) setoff any purchase price paid with respect thereto, pursuant as well as Customer’s and its customers’ costs with respect to the Owner's order for such additional Products the Vendor is not required to install such additional Products, the warranty on such additional products will run twenty-four (24) months from the date the Vendor shipped such products to the Ownershipment or part thereof.

Product Warranty. (a) The Vendor Synergetics warrants that, for a period of two (2) years from to Alcon that the date of Final Acceptance of any PCS System and/or PCS Sub-System, as the case may be (the "Product Warranty Period"), all Products and all of the Installation and the Configuration Engineering thereof within such PCS System and/or PCS Sub-System, as the case may be, will materially conform with and perform the functions set forth in meet the Specifications and the relevant performance criteria set forth in Exhibit D, to the extent applicable, all material respects and will be free from Defects material defects in its materials, workmanship and Deficiencies in material design, PROVIDED THAT: (i) Synergetics or workmanship which impair service to subscribersan authorized Synergetics representative is notified within ten (10) business days of the warranty claim, System performance, billing, administration and/or maintenance. In and as soon as notice of an alleged defect is received by Alcon or the case of Softwarealleged defect appears, the Product Warranty Period applicable shall be taken out of service or otherwise separated from inventory without known defect; (ii) The Product has not been subject to any such Software will be automatically extended upon(1) neglect, and simultaneous with, any Software Upgrade issued pursuant misuse or operation contrary to the terms of Section 12. The Vendor will assign to the Owner all outstanding Subcontractor warranties attributable to Non-Essential Equipment at such time that the Vendor's warranty on such Non-Essential Equipment pursuant to this subsection 17.1 expires pursuant to and in accordance instructions for use provided with the Product Warranty Period applicable or (2) improper storage or handling contrary to such Item the storage and handling instructions provided with the Product where either or both of Non-Essential Equipment. The Warranty Period for a PCS Product or part thereof repaired or provided as a replacement under this Product warranty is six (6) months or those activities would materially adversely affect the unexpired term initial quality of the new Product; and (iii) No repairs have been attempted or parts replaced by anyone not authorized by Synergetics to perform such repair, and the Product Warranty Period applicable to the repaired serial number, date stamp or replaced PCS Product other identification marks have not been removed or part, whichever is longerdefaced. (b) To Synergetics’ liability under the extent the Owner orders additional Products from the Vendor in accordance with the terms of this Contract including, but not warranty under Section 6.1(a) above is limited to, subsections 2.2 and/or 7.2, any such Products so ordered by the Owner and delivered and installed by the Vendor or its Subcontractors will be warranted to the same extent as set forth in clause (a) above for a period of not less than twenty four (24) months from the earlier of (i) the date the Owner puts such additional Products into In Revenue Service, supply of replacement parts or replacement Product (including shipping costs) or (ii) labor and parts repair at an authorized Synergetics facility (including shipping costs from Alcon to Synergetics’ facility and back) up to a value not exceeding the date original Synergetics’ invoice price of the Owner's acceptance and Product. (iiic) thirty (30) days after the Vendor completes the installation The duration of such additional Products. If in the event, pursuant to the Owner's order for such additional Products the Vendor is not required to install such additional Products, the warranty on such additional products will run twenty-four (24under Section 6.1(a) months above shall be [redacted**] from the date the Vendor Product is shipped such products to the Ownerend-user, but in no event more than [redacted**] after shipment of the Product by Synergetics to Alcon. ** This information has been omitted pursuant to a request for confidential treatment and has been filed separately with the Securities and Exchange Commission. (d) The warranty under Section 6.1(a) above does not include: (i) Packaging, freight or insurance for return shipments from the end-user customer to Alcon; or (ii) Any Product not originally supplied by Synergetics; or (iii) Any Product component supplied by Alcon, including, for example, [redacted**] (e) Synergetics represents and warrants that it complies and shall comply with applicable statutes, laws, ordinances, rules and regulations relating to the manufacture, assembly and supply of the Product, including, without limitation, those enforced by the FDA (including compliance with CFR 21 Part 820 Quality System Regulation and cGMPs) and by the International Standards Organization (including, to the extent applicable to Product, IEC 60601-1 Programmable Electromechanical Equipment, and all applicable, related, IEC collateral standards). Synergetics represents and warrants that it has obtained ISO 13485 certification and has submitted to the FDA an application for 510(k) clearance for the Products or will seasonably do so upon a determination by Synergetics that such application is necessary for the Product and no current application or clearance covers such Product, and that the application for such clearance contains (or prior to clearance will contain) complete and accurate information and that the information contained therein has been provided in good faith in compliance with all applicable statutes, laws, ordinances, rules and regulations.

Product Warranty. (a) The Vendor Outset represents and warrants thatthat the Products, when shipped, shall meet Outset’s standard specifications then in effect and shall be free from material defects in material and workmanship for a period of two (2) years [***] from the date of Final Acceptance of any PCS System and/or PCS Sub-System, as the case may be delivery (the "Product “Warranty Period"”), all Products and all of . This warranty for the Installation and the Configuration Engineering thereof within such PCS System and/or PCS Sub-System, as the case may be, will materially conform with and perform the functions set forth in the Specifications and the relevant performance criteria set forth in Exhibit D, to the extent applicable, and applicable Product will be free from Defects null and Deficiencies in material or workmanship which impair service to subscribers, System performance, billing, administration and/or maintenance. In the case of Software, the Product Warranty Period applicable to any such Software will be automatically extended upon, and simultaneous with, any Software Upgrade issued pursuant to the terms of Section 12. The Vendor will assign to the Owner all outstanding Subcontractor warranties attributable to Non-Essential Equipment at such time that the Vendor's warranty on such Non-Essential Equipment pursuant to this subsection 17.1 expires pursuant to and in accordance with the Product Warranty Period applicable to such Item of Non-Essential Equipment. The Warranty Period for a PCS Product or part thereof repaired or provided as a replacement under this Product warranty is six (6) months or the unexpired term of the new Product Warranty Period applicable to the repaired or replaced PCS Product or part, whichever is longer. (b) To the extent the Owner orders additional Products from the Vendor in accordance with the terms of this Contract including, but not limited to, subsections 2.2 and/or 7.2, any such Products so ordered by the Owner and delivered and installed by the Vendor or its Subcontractors will be warranted to the same extent as set forth in clause (a) above for a period of not less than twenty four (24) months from the earlier of void if (i) Reseller, Customer or any person who is not certified by Outset to perform such service attempts to modify, repair or service the date Product itself (other than performing the Owner puts such additional Products into In Revenue Servicemaintenance described in the operator and technician manuals), or (ii) the date of Product is used in a manner not provided for in the Owner's acceptance and (iii) thirty (30) days after documentation provided by Outset for the Vendor completes the installation of such additional ProductsProduct. If in any Product is found to be defective due to defective materials and/or workmanship during the eventWarranty Period, pursuant to Outset will, at its option, repair or replace the Owner's order for such additional Products the Vendor is not required to install such additional Productsdefective parts without charge. EXCEPT FOR INDEMNIFICATION OBLIGATIONS PROVIDED IN SECTION 10 BELOW, the warranty on such additional products will run twentyTHE EXPRESS WARRANTY ABOVE IS THE SOLE REMEDY FOR ANY BREACH OF ANY WARRANTY WITH RESPECT TO THE PRODUCT AND IS IN LIEU OF ANY AND ALL OTHER REMEDIES. THE WARRANTIES AND REMEDIES SET FORTH IN THIS AGREEMENT ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, TERMS OR CONDITIONS, WHETHER EXPRESSLY STATED OR IMPLIED, AND WHETHER THEY ARE BASED ON THE FACTS OR BY OPERATION OF LAW, INCLUDING STATUTORY LAWS, THE COMMON LAW OR OTHERWISE. THE PARTIES EXPRESSLY DISCLAIM ALL IMPLIED WARRANTIES, TERMS AND CONDITIONS INCLUDING, BUT NOT LIMITED TO, THOSE RELATED TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, CORRESPONDENCE WITH DESCRIPTION, AND NON-four (24) months from the date the Vendor shipped such products to the OwnerINFRINGEMENT.

Product Warranty. (a) The Vendor Supplier warrants that, for a period of two (2) years from the date of Final Acceptance of any PCS System and/or PCS Sub-System, as the case may be (the "Product Warranty Period"), that all Products and all of sold hereunder shall conform to the Installation and the Configuration Engineering thereof within such PCS System and/or PCS Sub-System, as the case may be, will materially conform with and perform the functions specifications set forth in the Specifications on Exhibit A and the relevant performance criteria set forth in Exhibit D, to the extent applicable, and will shall be free from Defects material defects in materials and Deficiencies in material or workmanship which impair service appearing within one (1) year from their date of delivery. Should any failure to subscribersconform with this warranty appear under normal and proper use during the one- year period beginning with delivery, System performance, billing, administration and/or maintenance. In the case of Software, and provided that the Product Warranty Period applicable to any such Software will be automatically extended uponhas been properly stored, installed and simultaneous withmaintained, any Software Upgrade issued pursuant to the terms of Section 12. The Vendor will assign to the Owner all outstanding Subcontractor warranties attributable to Non-Essential Equipment at such time that the Vendor's warranty on such Non-Essential Equipment pursuant to this subsection 17.1 expires pursuant to and in accordance with the Product Warranty Period applicable to such Item of Non-Essential Equipment. The Warranty Period for a PCS Product or part thereof repaired or provided as a replacement under this Product warranty is six (6) months or the unexpired term of the new Product Warranty Period applicable to the repaired or replaced PCS Product or partSupplier shall, whichever is longer. (b) To the extent the Owner orders additional Products from the Vendor in accordance with the terms of this Contract including, but not limited to, subsections 2.2 and/or 7.2, any such Products so ordered if given written notice by the Owner and delivered and installed by the Vendor or its Subcontractors will be warranted to the same extent as set forth in clause (a) above for a period of not less than twenty four (24) months from the earlier of (i) the date the Owner puts such additional Products into In Revenue Service, (ii) the date of the Owner's acceptance and (iii) Buyer within thirty (30) days after from the Vendor completes time Buyer discovers the installation of non-conformity, repair or replace, in Supplier’s sole discretion, the non-conforming Product F.O.B. its Monona, Wisconsin facility. The Product may not be returned to Supplier for replacement or otherwise without Supplier’s prior written authorization, and Supplier will not accept any responsibility for Products returned without such additional authorization. This warranty shall not apply to any Products that (i) have been improperly repaired or altered; (ii) have been used in a manner contrary to Supplier’s instructions; (iii) have been subjected to misuse, negligence or accident; or (iv) have been damaged by or subjected to abrasion, corrosion or chemicals and gases due to the physical environment or other conditions more hostile than those specified. The warranties set forth in this Section 1.5 are the exclusive warranties made by Supplier under this Agreement with respect to the Products. If in the eventANY AND ALL OTHER WARRANTIES WITH RESPECT TO THE PRODUCTS, pursuant to the Owner's order for such additional Products the Vendor is not required to install such additional ProductsWHETHER EXPRESS OR IMPLIED, the warranty on such additional products will run twenty-four (24) months from the date the Vendor shipped such products to the OwnerINCLUDING WITHOUT LIMITATION ANY WARRANTY THAT THE PRODUCTS ARE DELIVERED FREE OF THE RIGHTFUL CLAIM OF ANY THIRD PERSON BY WAY OF INFRINGEMENT OR THE LIKE, ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE, ARE HEREBY DISCLAIMED.

Product Warranty. Seller warrants to Buyer (for the benefit of Buyer and all other Buyer Parties), as of each applicable Delivery Date (together constituting the “Product Warranty” hereunder) in respect of the Products subject to the applicable Purchase Order being delivered: (a) The Vendor warrants that, for a period of two (2) years from Seller holds the date of Final Acceptance of any PCS System and/or PCS Sub-System, as the case may be (the "Product Warranty Period"), required Licenses and Cannabis Licenses under all Products and all of the Installation and the Configuration Engineering thereof within such PCS System and/or PCS Sub-System, as the case may be, will materially conform with and perform the functions set forth Applicable Law necessary to engage in the Specifications and transactions contemplated by this Agreement, including without limitation the relevant performance criteria set forth ability to engage in Exhibit D, to the extent applicable, and will be free from Defects and Deficiencies in material or workmanship which impair service to subscribers, System performance, billing, administration and/or maintenance. In the case Production of Software, the Product Warranty Period applicable to any such Software will be automatically extended upon, and simultaneous with, any Software Upgrade issued Products pursuant to the terms of Section 12. The Vendor will assign to the Owner all outstanding Subcontractor warranties attributable to Non-Essential Equipment at such time that the Vendor's warranty on such Non-Essential Equipment pursuant to this subsection 17.1 expires pursuant to and in accordance with the Product Warranty Period applicable to such Item of Non-Essential Equipment. The Warranty Period for a PCS Product or part thereof repaired or provided as a replacement under this Product warranty is six (6) months or the unexpired term of the new Product Warranty Period applicable to the repaired or replaced PCS Product or part, whichever is longer.Applicable Law; (b) To the extent the Owner orders additional all Products from the Vendor subject to such applicable Purchase Order: (i) were Produced and handled in accordance compliance with the terms Quality Agreement, Applicable Law, including without limitation, Good Production Practices; (ii) conform, in all respects, to the Specifications (for the Warranty Period and subject to Section 7.02(b)), standards, samples, descriptions, and quality requirements, jointly specified or approved by Buyer and Seller for the Products; (iii) have undergone all required quality assurance product testing as contemplated in the Quality Agreement and as required under Applicable Law (the “Seller Testing”), and all test results and data regarding the Product shall be provided by Seller to Buyer prior to the shipment of this Contract such Product, including, but not limited to, subsections 2.2 and/or 7.2the Supporting Information for all Product received by any Buyer Party: (iv) do not infringe upon, violate or misappropriate the Intellectual Property Rights of any Person; (v) are fit and safe for human consumption or use; (vi) have been sterilized prior to the Delivery Date, unless a COA conducted on any non-sterilized Product indicates that such Product is in compliance with the Quality Agreement, the Specifications and all Applicable Laws, as applicable; (vii) were harvested no more than [*** - Commercially Sensitive Information Redacted] prior to the Delivery Date; (viii) have a COA that is dated no more than [*** - Commercially Sensitive Information Redacted] prior to the Delivery Date; (ix) have not been treated with any pest control product unless the product is registered for use on cannabis under the Pest Control Products Act (Canada) or other equivalent Applicable Law; and (x) such Products so ordered by the Owner and delivered and installed by the Vendor or its Subcontractors will be warranted conveyed by Seller to the same extent as set forth in clause (a) above for a period such Buyer Party with good title, free and clear of not less than twenty four (24) months from the earlier of (i) the date the Owner puts such additional Products into In Revenue Service, (ii) the date of the Owner's acceptance and (iii) thirty (30) days after the Vendor completes the installation of such additional Products. If in the event, pursuant to the Owner's order for such additional Products the Vendor is not required to install such additional Products, the warranty on such additional products will run twenty-four (24) months from the date the Vendor shipped such products to the Ownerall Encumbrances.

Product Warranty. (a) Synergetics warrants to CODMAN that the Existing Products will meet the Specifications in all material respects and will be free from material defects in material, workmanship and design, PROVIDED THAT: (i) The Vendor warrants thatExisting Product has been installed, for a period stored, used and maintained in strict compliance with the safety procedures, Operating Instructions and storage and handling requirements provided with the Existing Product; (ii) Synergetics or an authorized Synergetics representative is notified within 10 business days of two the warranty claim, and as soon as notice of an alleged defect is received by CODMAN or the alleged defect appears, the Existing Product shall be taken out of service; (iii) The Existing Product has not been subject to (1) neglect, misuse or operation contrary to the Operating Instructions provided with the Existing Product or (2) improper storage or handling contrary to the storage and handling instructions provided with the Existing Product; and (iv) No repairs have been attempted or parts replaced by anyone not authorized by Synergetics to perform such repair, and the Existing Product serial number, date stamp or other identification marks have not been removed or defaced. (b) Synergetics' liability under the warranty under Section 5.01(a) above is limited to the (i) supply of replacement parts or Existing Product or (ii) labor and parts repair at an authorized Synergetics facility (including shipping costs from CODMAN to Synergetics’ facility and back) up to a value not exceeding the original Synergetics’ invoice price of the Existing Product. (c) The duration of the warranty under Section 5.01(a) above shall be two-years from the date of Final Acceptance of any PCS System and/or PCS Sub-System, as the case may be (the "Product Warranty Period"), all Products and all shipment by Codman of the Installation and the Configuration Engineering thereof within such PCS System and/or PCS Sub-System, as the case may be, will materially conform with and perform the functions set forth in the Specifications and the relevant performance criteria set forth in Exhibit D, to the extent applicable, and will be free from Defects and Deficiencies in material or workmanship which impair service to subscribers, System performance, billing, administration and/or maintenance. In the case of Software, the Product Warranty Period applicable to any such Software will be automatically extended upon, and simultaneous with, any Software Upgrade issued pursuant to the terms of Section 12. The Vendor will assign to the Owner all outstanding Subcontractor warranties attributable to Non-Essential Equipment at such time that the Vendor's warranty on such Non-Essential Equipment pursuant to this subsection 17.1 expires pursuant to and in accordance with the Product Warranty Period applicable to such Item of Non-Essential Equipment. The Warranty Period for a PCS Product or part thereof repaired or provided as a replacement under this Product warranty is six (6) months or the unexpired term of the new Product Warranty Period applicable to the repaired or replaced PCS Product or part, whichever is longerExisting Product. (bd) To the extent the Owner orders additional Products from the Vendor in accordance with the terms of this Contract including, but not limited to, subsections 2.2 and/or 7.2, any such Products so ordered by the Owner and delivered and installed by the Vendor or its Subcontractors will be warranted to the same extent as set forth in clause (aThe warranty under Section 5.01(a) above for a period of does not less than twenty four (24) months from the earlier of include: (i) Packaging, freight or insurance for shipments between the date the Owner puts such additional Products into In Revenue Service, end-user customer and CODMAN; or (ii) Existing Products not provided by Synergetics or damage to the date Existing Product that is caused by any such products. (e) Synergetics represents and warrants that it complies and shall comply with applicable statutes, laws, ordinances, rules and regulations relating to the manufacture, assembly and supply of the Owner's acceptance Existing Product, including, without limitation, those enforced by the FDA (including compliance with CFR 21 Part 820 Quality System Regulation and cGMPs) and by the International Standards Organization (iii) thirty (30) days after the Vendor completes the installation of such additional Productsincluding IEC 60601-1 Programmable Electromechanical Equipment, and all applicable, related, IEC collateral standards). If in the event, pursuant Synergetics represents and warrants that it has obtained ISO 13485 certification and has submitted to the Owner's order FDA an application for 510(k) clearance for the Existing Products and that the applications for such additional Products certification and clearance contain (or prior to certification or clearance will contain) complete and accurate information and that the Vendor is not required to install such additional Productsinformation contained therein was provided in good faith in compliance with all applicable statutes, the warranty on such additional products will run twenty-four (24) months from the date the Vendor shipped such products to the Ownerlaws, ordinances, rules and regulations.

Product Warranty. Zogenix warrants to Mallinckrodt that: (a) The Vendor warrants thatat the time of delivery of all Product (excluding Samples delivered to Mallinckrodt hereunder) by or on behalf of Zogenix to a Third Party (including any delivery to a 3PL or any delivery by a 3PL on behalf of Zogenix to a wholesaler, for a period other distributor or retailer), (i) such Product will be in conformity with the applicable specifications therefor and the NDA, (ii) such Product will have been manufactured in compliance with cGMP and all other applicable Legal Requirements, (iii) such Product will have been manufactured in facilities that are in compliance with all applicable Legal Requirements at the time of two such manufacture (2including applicable inspection requirements of FDA and other Governmental Authorities), (iv) years from such Product will not be adulterated or misbranded under the Act, (v) such Product may be introduced into interstate commerce pursuant to the Act and (vi) the expiration date of such Product shall be no earlier than [***] after the date of Final Acceptance of any PCS System and/or PCS Sub-Systemdelivery thereof, as the case may be (the "Product Warranty Period"), all Products and all of the Installation and the Configuration Engineering thereof within such PCS System and/or PCS Sub-System, as the case may be, will materially conform with and perform the functions set forth in the Specifications and the relevant performance criteria set forth in Exhibit D, to the extent applicable, and will be free from Defects and Deficiencies in material or workmanship which impair service to subscribers, System performance, billing, administration and/or maintenance. In the case of Software, the Product Warranty Period applicable to any such Software will be automatically extended upon, and simultaneous with, any Software Upgrade issued pursuant to the terms of Section 12. The Vendor will assign to the Owner all outstanding Subcontractor warranties attributable to Non-Essential Equipment at such time that the Vendor's warranty on such Non-Essential Equipment pursuant to this subsection 17.1 expires pursuant to and in accordance with the Product Warranty Period applicable to such Item of Non-Essential Equipment. The Warranty Period for a PCS Product or part thereof repaired or provided as a replacement under this Product warranty is six (6) months or the unexpired term of the new Product Warranty Period applicable to the repaired or replaced PCS Product or part, whichever is longer.and (b) To at the extent the Owner orders additional Products from the Vendor in accordance with the terms time of this Contract includingdelivery of all Samples to Mallinckrodt hereunder, but not limited to, subsections 2.2 and/or 7.2, any such Products so ordered by the Owner and delivered and installed by the Vendor or its Subcontractors will be warranted to the same extent as set forth in clause (a) above for a period of not less than twenty four (24) months from the earlier of (i) such Samples will be in conformity with the date applicable specifications therefor and the Owner puts such additional Products into In Revenue ServiceNDA, (ii) such Samples will have been manufactured in compliance with cGMP and all other applicable Legal Requirements, (iii) such Samples will have been manufactured in facilities that are in compliance with all applicable Legal Requirements at the time of such manufacture (including applicable inspection requirements of FDA and other Governmental Authorities), (iv) such Samples will not be adulterated or misbranded under the Act, (v) such Samples may be introduced into interstate commerce pursuant to the Act and (vi) the expiration date of such Samples shall be no earlier than [***] after the date of delivery, unless otherwise agreed in writing by Mallinckrodt . *** Certain information on this page has been omitted and filed separately with the Owner's acceptance and (iii) thirty (30) days after the Vendor completes the installation of such additional ProductsCommission. If in the event, pursuant Confidential treatment has been requested with respect to the Owner's order for such additional Products the Vendor is not required to install such additional Products, the warranty on such additional products will run twenty-four (24) months from the date the Vendor shipped such products to the Owneromitted portions.