System Software Warranty. Travelport warrants that during the Term and any Transition Services Period (1) all then current, unmodified versions of the System Software will operate as stated in the applicable specifications as delivered by Travelport to Subscriber, and (2) all then current modified versions of the System Software will operate in the manner intended and be free of any material or systemic defects, to the extent the modification or modifications were made by Travelport, its Affiliates, contractors or others over whom Travelport has control. Upon any Subscriber notification to Travelport in writing of a material defect in any System Software, Travelport will confirm the existence of such defect with Subscriber’s reasonable cooperation, and then either correct or replace (with functionally equivalent software) any defective System Software within a commercially reasonable timeframe under the circumstances, taking into account the priority and criticality of the defect to Orbitz. The remedies available under this Section are exclusive of any other remedy, new or hereafter existing at law, in equity, by statute or otherwise for breach of this Section. ***Confidential Information has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to this omitted information.
Appears in 2 contracts
Samples: Subscriber Services Agreement, Subscriber Services Agreement (Orbitz Worldwide, Inc.)
System Software Warranty. Travelport warrants that during the Term and any Transition Services Period (1) all then current, unmodified versions of the System Software will operate as stated in the applicable specifications as delivered by Travelport to Subscriber, and (2) all then current modified versions of the System Software will operate in the manner intended and be free of any material or systemic defects, to the extent the modification or modifications were made by Travelport, its Affiliates, contractors or others over whom Travelport has control. Upon any Subscriber notification to Travelport in writing of a material defect in any System Software, Travelport will confirm the existence of such defect with Subscriber’s reasonable cooperation, and then either correct or replace (with functionally equivalent software) any defective System Software within a commercially reasonable timeframe under the circumstances, taking into account the priority and criticality of the defect to Orbitz. The remedies available under this Section are exclusive of any other remedy, new or hereafter existing at law, in equity, by statute or otherwise for breach of this Section. ***Confidential Information has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to this omitted information.
Appears in 2 contracts
Samples: Subscriber Services Agreement, Subscriber Services Agreement (Travelport LTD)
