Common use of SYSTEM WARRANTIES Clause in Contracts

SYSTEM WARRANTIES. a) Contractor represents and warrants that the System shall conform to the terms and conditions of this Agreement and Contractor’s Specifications, and be free from defects in material and workmanship upon acceptance of the System by the Department and for a minimum period of the Warranty Period. b) Additionally, during the Warranty Period, Contractor shall modify, adjust, repair and/or replace such Deliverable(s), at no charge to Department, as necessary to maintain ongoing System reliability according to Section 11. SYSTEM RELIABILITY. c) If the ongoing performance of Contractor’s maintenance and support of the System or the performance of the System do not conform to Section 11. SYSTEM RELIABILITY, the Department shall give Contractor written notice of performance deficiencies. Contractor shall then have not more than a thirty (30) calendar day period to correct the applicable deficiency and restore the functioning of the System to a level of operation that meets or exceeds the requirements of this Agreement. If during the Warranty Period, any Deliverable or System performance, or service level, continues to fail to meet these specifications, then the Contractor shall be in material default of this Agreement. d) In the event of a material default by the Contractor under this section, in addition to any other rights or remedies provided in this Agreement, the State may, by written notice to Contractor, terminate this Agreement. In event of such termination, the Contractor shall reimburse the Department all monies paid by Department to Contractor under this Agreement.

SYSTEM WARRANTIES. ‌ a) Contractor represents and warrants that the System shall conform to the terms and conditions of this Agreement and Contractor’s Specifications, and be free from defects in material and workmanship upon acceptance Acceptance of the System by the Department and for a minimum period of the Warranty Period. b) Additionally, during the Warranty Period, Contractor shall modify, adjust, repair and/or replace such Deliverable(s)any Deliverable under warranty, at no charge to Department, as necessary to maintain ongoing System reliability according to Section 11. SYSTEM RELIABILITY. c) If the ongoing performance of Contractor’s maintenance and support of the System or the performance of the System do not conform to Section 11. SYSTEM RELIABILITY, the Department DAS shall give Contractor written notice of performance deficienciesthe same. Contractor shall then have not more than a thirty (30) calendar day period to correct the applicable deficiency and restore the functioning of the System to a level of operation that meets or exceeds the requirements of this Agreement. If during the Warranty Period, any Deliverable or System performance, or service level, continues to fail to meet these specifications, then the Contractor shall be in material default of this Agreement. d) In the event of a material default by the Contractor under this section, in addition to any other rights or remedies provided in this Agreement, the State DAS may, by written notice to Contractor, terminate Terminate this Agreement. In event of such terminationIf Termination for material breach occurs prior to System Acceptance, the Contractor shall reimburse the Department all monies paid by Department to Contractor under this Agreement.

SYSTEM WARRANTIES. ‌ a) Contractor represents and warrants that the System shall conform to the terms and conditions of this Agreement Contract and Contractor’s Specifications, and be free from defects in material and workmanship upon acceptance the Acceptance Date of the System by the Department and for a minimum period of the Warranty Period. b) Additionally, during the Warranty Period, Contractor shall modify, adjust, repair and/or replace such Deliverable(s), at no charge to Department, as necessary to maintain ongoing System reliability according to Section 11. SYSTEM RELIABILITY. c) If the ongoing performance Performance of Contractor’s maintenance and support of the System or the performance of the System do not conform to Section 11. SYSTEM RELIABILITY, the Department DAS shall give Contractor written notice of performance deficiencies. Contractor shall then have not more than a thirty (30) calendar day period period, unless otherwise permitted by the Department, to correct the applicable deficiency and restore the functioning of the System to a level of operation that meets or exceeds the requirements of this AgreementContract. If during the Warranty Period, any Deliverable or System performance, or service level, continues to fail to meet these specifications, then the Contractor shall be in material default of this AgreementContract. d) In the event of a material default by the Contractor under this sectionthe subsection above, in addition to any other rights or remedies provided in this AgreementContract, the State DAS may, by written notice to Contractor, terminate this AgreementContract. In event of such termination, if the material default is such that the System cannot conform to the requirements of Section 11, the Contractor shall reimburse the Department all monies paid by Department to Contractor under this Agreementin connection with Exhibit 2 or Statement of Work, whichever is applicable.

SYSTEM WARRANTIES. a) Contractor Supplier represents and warrants that the System shall conform to the terms and conditions of this Agreement and ContractorSupplier’s Specificationsproposal, and be free from defects in material and workmanship upon acceptance of the System by the Department and for a minimum period of the Warranty Period. b) . Additionally, during the Warranty Period, Contractor Supplier shall modify, adjust, repair and/or replace such Deliverable(s), at no charge to Department, as necessary to maintain ongoing System reliability according to Section 11. SYSTEM RELIABILITY. cb) If the ongoing performance of Contractor’s Supplier maintenance and support of the System or the performance of if the System do does not conform to Section 11. SYSTEM RELIABILITY, the Department shall give Contractor Supplier written notice of performance deficiencies. Contractor Supplier shall then have not more than a thirty (30) calendar day period to correct the applicable Deliverable deficiency and restore the functioning of the Deliverable and System to a level of operation that meets or exceeds the requirements of this Agreement. If during the Warranty Period, any Period such Deliverable or System performance, or service level, continues to fail to meet these specifications, then the Contractor Supplier shall be in material default of this Agreement. dc) In the event of a addition to as may otherwise be provided in this Agreement, any material default by the Contractor under this section, in addition to any other rights or remedies provided in this AgreementSupplier during the Warranty Period, the State may, by written notice to ContractorSupplier signed by the Project Administrator, terminate this Agreement. In event of such termination, the Contractor shall reimburse the Department all monies paid by Department to Contractor under this Agreement.