Common use of REPRESENTATIONS BY DISTRIBUTOR Clause in Contracts

REPRESENTATIONS BY DISTRIBUTOR. DISTRIBUTOR hereby represents and warrants that DISTRIBUTOR has the necessary technical expertise to effectively deliver such TSS, including, but not limited to, (i) a minimum of one (1) designated support personnel ("Support Engineers") who has been certified by GUPTA within six (6) months of the Effective Date of this Agreement, who are knowledgeable and have at least two (2) years prior experience in the Products, (ii) the appropriate hardware and software for investigation and recreation of potential software problems in the Products, and to develop workarounds (iii) an electronic call-logging system, to ensure that calls are responded to promptly and escalated when deemed necessary by both the Support Engineer and GUPTA, and (iv) the mechanisms for transmitting to GUPTA the necessary information to recreate identified problems in the Products and other information which may be reasonably required by GUPTA.

Appears in 6 contracts

Samples: Premium International Distribution Agreement, Premium International Distribution Agreement (Warp Technology Holdings Inc), International Distribution Agreement (Warp Technology Holdings Inc)

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