Common use of WARRANTIES, AND WARRANTY EXCLUSIONS AND LIMITATIONS Clause in Contracts

WARRANTIES, AND WARRANTY EXCLUSIONS AND LIMITATIONS. 16.1 Corvis warrants, to Customer only, that (i) for the applicable warranty period set forth in Attachment 16.1 ("Warranty Period") and subject to the support limitations set forth in Attachment 19, the Corvis Equipment and Software (as applicable) will be free from defects in material and workmanship, will conform in all material respects to its Technical Requirements, (ii) upon delivery, the Equipment will be free from all liens and encumbrances, and (iii) Corvis' Services will be performed in a workmanlike manner and in accordance with good usage and accepted practices in the community in which services are provided. With respect to any Third Party Software or any Equipment furnished by Corvis but neither manufactured by Corvis nor purchased by Corvis pursuant to its procurement specifications (e.g., items such as personal computers and products offered as accessories to the Corvis Products) ("Vendor Items"), Corvis does hereby assign to Customer the warranties given to Corvis by its vendor(s) of such Vendor Items to the fullest extent permitted by such warranties. 16.2 With respect to Products repaired or replaced during the applicable Warranty Period, Corvis warrants, for a period equal to the greater of (i) the remaining unexpired portion of such Warranty Period, or (ii) 30 days from the date the repair is effected, in the case of Products repaired at the installation site, and from the date a replacement is shipped to Customer, in the case of defective Products that are replaced, that such Products will satisfy and perform in accordance with the warranty set forth in clause (i) in Section 16.1, throughout such time period. 16.3 Corvis will continue to make available for purchase by Customer repair parts for Corvis' Products furnished pursuant to this Agreement so long as Corvis is manufacturing or stocking such equipment or repair parts, but in no event less than the Product Life for the Product. 16.4 Corvis may use either new or remanufactured, reconditioned or refurbished Equipment or parts if in like-new condition, or functionally equivalent Equipment or parts (at equivalent or comparable prices) in the furnishing of repairs or replacements under this Agreement. Corvis will have appropriate safeguards and systems in place to assure that parts previously determined to be defective are not reused unless they have been proven to be in compliance with applicable specifications. 16.5 Corvis warrants that it has good marketable title to the Equipment, that it has the full power and authority to grant the license granted Customer under this Agreement with respect to the Licensed Software, and to Corvis' knowledge, neither the license to nor use by Customer of the Licensed Software or Equipment, as permitted under this Agreement, will constitute an infringement or other violation of any copyright, patent, trade secret, trademark, non-disclosure, or any other intellectual property right of any third party.

WARRANTIES, AND WARRANTY EXCLUSIONS AND LIMITATIONS. 16.1 Corvis warrants, to Customer only, warrants that (i) for the applicable warranty period set forth in Attachment 16.1 ("Warranty Period") and subject to the support limitations set forth in Attachment 19), the Corvis Equipment and Software (as applicable) purchased under this Agreement will be of new manufacture, will be free from defects in material and workmanship, and will conform in all material respects to its the Technical RequirementsRequirements and to the relevant information contained in Corvis' then current published specifications and related Documentation, (ii) upon delivery, the Equipment and Software will be free from all liens and encumbrances, and (iii) Corvis' Services will be performed in a workmanlike manner and with the skill and care exercised by others performing similar services. Corvis does warrant, during the warranty period, that Corvis Equipment and Software are compatible and will perform in conjunction with any Third Party Software or Vendor Item supplied under or in connection with this Agreement provided that the Third Party Software and/or Vendor Item performs in accordance with good usage and accepted practices the manufacturer's specifications. If Corvis Software fails, or appears to fail, to comply with the standard expressed in the community preceding sentence, then Corvis will act in which services are provideda commercially expeditious manner in cooperation with the Third Party Software licensor to determine the source of the problem and to develop and implement a solution. With respect to Corvis makes no warranties regarding any Third Party Software or any Equipment furnished by Corvis but neither manufactured by Corvis nor purchased by Corvis pursuant to its procurement specifications (e.g., items such as personal computers and products offered as accessories to the Corvis Products) (collectively, "Vendor Items"), Corvis does hereby . Corvis' sole obligation with respect to such Vendor Items will be to assign to Customer the warranties given any warranty provided to Corvis by its vendor(s) of with respect to such Vendor Items to the fullest extent permitted by such warrantieswarranty is assignable, and if any such warranty is not assignable, then upon the request of Customer to take commercially reasonable steps to enforce the warranty for Customer's benefit. 16.2 With respect to Products repaired or replaced during the applicable Warranty Period, Corvis warrants, for a period equal to the greater of (i) the remaining unexpired portion of such Warranty Period, or (ii) 30 days six calendar months from the date the repair is effected, in the case of Products repaired at the installation site, and from the date a replacement is shipped to Customer, in the case of defective Products that are replaced, that such Products will satisfy and perform in accordance with the warranty set forth in clause (i) in Section 16.1, throughout such time period. 16.3 Corvis will continue to make available for purchase by Customer repair parts for Corvis' Products furnished pursuant to this Agreement so long as Corvis is manufacturing or stocking such equipment or repair parts, but in no event less than the Product Life Supported Period for the Product. 16.4 Corvis may use either new or remanufactured, reconditioned or refurbished Equipment or parts if in like-new condition, or functionally equivalent Equipment or parts (at equivalent or comparable prices) in the furnishing of repairs or replacements under this Agreement. Corvis will have appropriate safeguards and systems in place to assure that parts previously determined to be defective are not reused unless they have been proven to be in compliance with applicable specifications. 16.5 Corvis warrants that it has good marketable title . Subject to the Equipmentprovisions of this Article 16 and Article 18, Corvis warrants, except as stated in the Technical Requirements, or as otherwise mutually agreed by the parties, that it has shall use commercially reasonable efforts to cause any Corvis Software on the full power and authority date provided to grant the license granted Customer under this Agreement with respect by Corvis: (a) to the Licensed Softwarecontain no hidden files; (b) to not replicate, and to Corvis' knowledge, neither the license to nor use by Customer of the Licensed Software or Equipment, as permitted under this Agreement, will constitute an infringement or other violation of any copyright, patent, trade secret, trademark, non-disclosuretransmit, or any other intellectual property right activate itself without control of any third party.a person operating computing equipment on which it resides;

WARRANTIES, AND WARRANTY EXCLUSIONS AND LIMITATIONS. 16.1 13.1 Corvis warrantswarrants and represents to Qwest, to Customer only, or the applicable Qwest Affiliate that purchases the Products hereunder that (i) for the applicable warranty period set forth in Attachment 16.1 13.1 ("Warranty Period") and subject to the --------------- support limitations set forth in Attachment 198.1, the Corvis Equipment and Software (as applicable) will be free from defects in material and workmanshipworkmanship and will conform, will conform in all material respects to its specifications, which in the case of the OC-192 Product shall be the Technical Requirements, (ii) upon delivery, the Equipment will be free from all liens and encumbrances, and (iii) Corvis' Services will be performed in a professional and workmanlike manner by competent personnel and in accordance with good usage and accepted practices in the community in which services are providedindustry standards. With respect to any Third Party Software or any Equipment furnished by Corvis but neither manufactured by Corvis nor purchased by Corvis pursuant to its procurement specifications (e.g., items such as personal computers and products offered as accessories to the Corvis Products) which are identified as such on the Price List ("Vendor Items"), Corvis does hereby assign to Customer Qwest the warranties given ------------ to Corvis by its vendor(s) of such Vendor Items to the fullest extent permitted by such warranties. 16.2 13.2 With respect to Products repaired or replaced during the applicable Warranty Period, Corvis warrants, for a period equal to the greater of (i) the remaining unexpired portion of such Warranty Period, or (ii) 30 ninety (90) days from the date the repair is effected, in the case of Products repaired at the installation siteInstallation Site, and from the date a replacement is shipped to CustomerQwest, in the case of defective Products that are replaced, that such Products will satisfy and perform in accordance with the warranty set forth in clause (i) in Section 16.113.1, throughout such time period. 16.3 Corvis will continue to make available for purchase by Customer repair parts for Corvis' Products furnished pursuant to this Agreement so long as Corvis is manufacturing or stocking such equipment or repair parts, but in no event less than the Product Life for the Product. 16.4 13.3 Corvis may use either new or remanufactured, reconditioned or refurbished Equipment or parts if in like-new condition, or functionally equivalent Equipment or parts (at equivalent or comparable prices) in the furnishing of repairs or replacements under this Agreement. Corvis will have appropriate safeguards and systems in place to assure that parts previously determined to be defective are not reused unless they have been proven to be in compliance with applicable specifications. Corvis warrants, except as stated in the Technical Requirements, or as otherwise mutually agreed by the parties, that it shall not intentionally insert, and shall use commercially reasonable efforts to prevent the introduction, into the Software provided to Qwest by Corvis any harmful programs, data, circuitry or other technological means ("Harmful Code") which ------------ is intended to materially disrupt the proper operation of a computer hardware system or associated software. In the event Corvis breaches the warranty in the preceding sentence and as a result Harmful Code is present in the Software, Corvis shall indemnify Qwest and hold Qwest harmless from and against any and all direct damages caused by such Harmful Code, subject to the limitations and exclusions in Sections 15.6 and 15.7. 16.5 13.4 Corvis warrants that it has good marketable title to the Equipment, that it has the full power and authority Equipment provided to grant the license granted Customer Qwest under this Agreement. 13.5 Corvis warrants that the Products (other than Third Party Software) provided under the Agreement shall be able to accurately process data (including without limitation, calculating, compiling and sequencing date data) from, into and between the twentieth and twenty-first centuries, including leap year calculations, and will create, store, process and exchange (input and output) information related to or including dates on or after January 1, 2000, without error or omissions, as long as, and only to the extent that, all other information technology used in combination with such Product (e.g., software, firmware, hardware) properly exchanges date data with it. If Qwest reports to Corvis on or before expiration of the Warranty Period for the Product that a Product does not meet the warranty in this Section 13.5, Corvis will: (i) exercise commercially reasonable efforts to correct any material non-compliance; and (ii) provide any resulting correction to Qwest, without charge. This is Qwest's exclusive remedy for breach of the warranty under this Section 13.5. Subject to the provisions of Section 13.1, Corvis makes no warranties regarding third party products provided by Corvis under this Agreement. Corvis' sole obligation with respect to such third party products will be to assign to Qwest any warranty provided to Corvis with respect to such products to the extent such warranty is assignable, and if any such warranty is not assignable, then to take commercially reasonable steps to enforce the warranty for Qwest's benefit. 13.6 THE WARRANTIES IN THIS ARTICLE 13, SECTION 19.1, AND SECTION 23.16 ARE THE EXCLUSIVE WARRANTIES WITH RESPECT TO ANY OF THE PRODUCTS OR SERVICES PROVIDED HEREUNDER, AND ARE IN LIEU OF ALL OTHER EXPRESS AND IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED HEREIN, QWEST'S SOLE AND EXCLUSIVE REMEDY WILL BE CORVIS' OBLIGATION TO REPAIR OR REPLACE OR, SUBJECT TO THE CONDITIONS STATED IN THIS ARTICLE 13 AND IN ARTICLE 15, TO CREDIT OR REFUND AS SET FORTH SECTION 15.1. 13.7 In the event that Qwest (i) makes any unauthorized modifications to the Equipment or Software, which shall not include a user controlled feature or option that is configured in accordance with the Documentation for such Equipment or Software, or (ii) uses the Equipment or Software in the core optical network in connection with any other equipment or software not specified in the associated Documentation or otherwise approved by Corvis, the Equipment and Software warranty will be voided with respect to the Licensed Equipment or Software so modified or used with such equipment or software. Corvis and Qwest agree to cooperate to plan the configuration of Qwest's network to optimize its efficiency. 13.8 Corvis makes no warranty with respect to defective conditions or non- conformities resulting from the following: Qwest (including third parties contracted by Qwest) modifications, misuse, neglect, accident or abuse; improper wiring, repairing, splicing, alteration, installation, storage or maintenance by Qwest (or third parties contracted by Qwest), not including Qwest's configuration of user controlled features or options in accordance with the applicable Documentation; use in a manner not in accordance with the applicable specifications (including the Technical Requirements and user Documentation), or failure of Qwest to apply previously applicable Corvis modifications or corrections, which were provided at no charge to Qwest and that do not impair the applicable Product's compatibility with Qwest's network components. In addition, Corvis makes no warranty with respect to Products which have had their serial numbers or month and year of manufacture removed, altered and with respect to expendable items. Corvis makes no warranty with respect to defects related to Qwest's database errors. Moreover, no warranty is made that Software will run uninterrupted or error free. 13.9 Qwest agrees not to use any third party equipment or software in connection with the Corvis Equipment and Software, and to Corvis' knowledge, neither other than the license to nor use by Customer [*] interfaces of the Licensed Software or EquipmentCorvis [*] modules, as permitted under this Agreement, will constitute an infringement or other violation of any copyright, patent, trade secret, trademark, non-disclosure[*] and order wire interfaces, or any other intellectual property right of the network management interfaces provided on the Corvis Equipment and Software. Corvis acknowledges that Qwest prefers open architecture and Corvis agrees to investigate ways to develop open architecture products. Qwest represents that the Products are being acquired hereunder for Qwest's and its Affiliates' internal use and not for resale to any third party.

WARRANTIES, AND WARRANTY EXCLUSIONS AND LIMITATIONS. 16.1 Corvis warrants, to Customer only, that (i) for the applicable warranty period set forth in Attachment 16.1 ("Warranty Period") and subject to the support limitations set forth in Attachment 19, the Corvis Equipment and Software (as applicable) will be free from defects in material and workmanship, will conform in all material respects to its Technical Requirements, (ii) upon delivery, the Equipment will be free from all liens and encumbrances, and (iii) Corvis' Services will be performed in a workmanlike manner and in accordance with good usage and accepted practices in the community in which services are provided. With respect to any Third Party Software or any Equipment furnished by Corvis but neither manufactured by Corvis nor purchased by Corvis pursuant to its procurement specifications (e.g., items such as personal computers and products offered as accessories to the Corvis Products) ("Vendor Items"), Corvis does hereby assign to Customer the warranties given to Corvis by its vendor(s) of such Vendor Items to the fullest extent permitted by such warranties. 16.2 With respect to Products repaired or replaced during the applicable Warranty Period, Corvis warrants, for a period equal to the greater of (i) the remaining unexpired portion of such Warranty Period, or (ii) 30 days [*] from the date the repair is effected, in the case of Products repaired at the installation site, and from the date a replacement is shipped to Customer, in the case of defective Products that are replaced, that such Products will satisfy and perform in accordance with the warranty set forth in clause (i) in Section 16.1, throughout such time period. 16.3 Corvis will continue to make available for purchase by Customer repair parts for Corvis' Products furnished pursuant to this Agreement so long as Corvis is manufacturing or stocking such equipment or repair parts, but in no event less than the Product Life for the Product. 16.4 Corvis may use either new or remanufactured, reconditioned or refurbished Equipment or parts if in like-new condition, or functionally equivalent Equipment or parts (at equivalent or comparable prices) in the furnishing of repairs or replacements under this Agreement. Corvis will have appropriate safeguards and systems in place to assure that parts previously determined to be defective are not reused unless they have been proven to be in compliance with applicable specifications. 16.5 Corvis warrants that it has good marketable title to the Equipment, that it has the full power and authority to grant the license granted Customer under this Agreement with respect to the Licensed Software, and to Corvis' knowledge, neither the license to nor use by Customer of the Licensed Software or Equipment, as permitted under this Agreement, will constitute an infringement or other violation of any copyright, patent, trade secret, trademark, non-disclosure, or any other intellectual property right of any third party. Confidential materials omitted and filed separately with the Securities and Exchange Commission. Asterisks denote omissions.

WARRANTIES, AND WARRANTY EXCLUSIONS AND LIMITATIONS. 16.1 13.1 Corvis warrantswarrants and represents to Qwest, to Customer only, or the applicable Qwest Affiliate that purchases the Products hereunder that (i) for the applicable warranty period set forth in Attachment 16.1 13.1 ("Warranty Period") and subject to the --------------- support limitations set forth in Attachment 198.1, the Corvis Equipment and Software (as applicable) will be free from defects in material and workmanshipworkmanship and will conform, will conform in all material respects to its specifications, which in the case of the OC-192 Product shall be the Technical Requirements, (ii) upon delivery, the Equipment will be free from all liens and encumbrances, and (iii) Corvis' Services will be performed in a professional and workmanlike manner by competent personnel and in accordance with good usage and accepted practices in the community in which services are providedindustry standards. With respect to any Third Party Software or any Equipment furnished by Corvis but neither manufactured by Corvis nor purchased by Corvis pursuant to its procurement specifications (e.g., items such as personal computers and products offered as accessories to the Corvis Products) which are identified as such on the Price List ("Vendor Items"), Corvis does hereby assign to Customer ------------ Confidential materials omitted and filed separately with the Securities and Exchange Commission. Asterisks denote omissions. Qwest the warranties given to Corvis by its vendor(s) of such Vendor Items to the fullest extent permitted by such warranties. 16.2 13.2 With respect to Products repaired or replaced during the applicable Warranty Period, Corvis warrants, for a period equal to the greater of (i) the remaining unexpired portion of such Warranty Period, or (ii) 30 days [*] from the date the repair is effected, in the case of Products repaired at the installation siteInstallation Site, and from the date a replacement is shipped to CustomerQwest, in the case of defective Products that are replaced, that such Products will satisfy and perform in accordance with the warranty set forth in clause (i) in Section 16.113.1, throughout such time period. 16.3 Corvis will continue to make available for purchase by Customer repair parts for Corvis' Products furnished pursuant to this Agreement so long as Corvis is manufacturing or stocking such equipment or repair parts, but in no event less than the Product Life for the Product. 16.4 13.3 Corvis may use either new or remanufactured, reconditioned or refurbished Equipment or parts if in like-new condition, or functionally equivalent Equipment or parts (at equivalent or comparable prices) in the furnishing of repairs or replacements under this Agreement. Corvis will have appropriate safeguards and systems in place to assure that parts previously determined to be defective are not reused unless they have been proven to be in compliance with applicable specifications.. [*] 16.5 13.4 Corvis warrants that it has good marketable title to the Equipment, that it has the full power and authority Equipment provided to grant the license granted Customer Qwest under this Agreement. 13.5 Corvis warrants that the Products (other than Third Party Software) provided under the Agreement shall be able to accurately process data (including without limitation, calculating, compiling and sequencing date data) from, into and between the twentieth and twenty-first centuries, including leap year calculations, and will create, store, process and exchange (input and output) information related to or including dates on or after January 1, 2000, without error or omissions, as long as, and only to the extent that, all other information technology used in combination with such Product (e.g., software, firmware, hardware) properly exchanges date data with it. If Qwest reports to Corvis on or before expiration of the Warranty Period for the Product that a Product does not meet the warranty in this Section13.5, Corvis will: (i) exercise commercially reasonable efforts to correct any material non-compliance; and (ii) provide any resulting correction to Qwest, [*]. This is Qwest's [*] for breach of the warranty under this Section 13.5. Subject to the provisions of Section 13.1, Corvis makes no warranties regarding third party products provided by Corvis under this Agreement. Corvis' sole obligation with respect to such third party products will be to assign to Qwest any warranty provided to Corvis with respect to such products to the Licensed Softwareextent such warranty is assignable, and if any such warranty is not assignable, then to Corvis' knowledgetake commercially reasonable steps to enforce the warranty for Qwest's benefit. 13.6 THE WARRANTIES IN THIS ARTICLE 13, neither SECTION 19.1, AND SECTION 23.16 ARE THE EXCLUSIVE WARRANTIES WITH RESPECT TO ANY OF THE PRODUCTS OR SERVICES PROVIDED HEREUNDER, AND ARE IN LIEU OF ALL OTHER EXPRESS AND IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF Confidential materials omitted and filed separately with the license to nor use by Customer of the Licensed Software or Equipment, as permitted under this Agreement, will constitute an infringement or other violation of any copyright, patent, trade secret, trademark, non-disclosure, or any other intellectual property right of any third partySecurities and Exchange Commission. Asterisks denote omissions.

WARRANTIES, AND WARRANTY EXCLUSIONS AND LIMITATIONS. 16.1 Corvis warrants, to Customer only, warrants that (i) for the applicable warranty period set forth in Attachment 16.1 ("Warranty Period") and subject to the support limitations set forth in Attachment 19), the Corvis Equipment and Software (as applicable) purchased under this Agreement will be of new manufacture, will be free from defects in material and workmanship, and will conform in all material respects to its the Technical RequirementsRequirements and to the relevant information contained in Corvis' then current published specifications and related Documentation, (ii) upon delivery, the Equipment and Software will be free from all liens and encumbrances, and (iii) Corvis' Services will be performed in a workmanlike manner and with the skill and care exercised by others performing similar services. Corvis does warrant, during the warranty period, that Corvis Equipment and Software are compatible and will perform in conjunction with any Third Party Software or Vendor Item supplied under or in connection with this Agreement provided that the Third Party Software and/or Vendor Item performs in accordance with good usage and accepted practices the manufacturer's specifications. If Corvis Software fails, or appears to fail, to comply with the standard expressed in the community preceding sentence, then Corvis will act in which services are provideda commercially expeditious manner in cooperation with the Third Party Software licensor to determine the source of the problem and to develop and implement a solution. With respect to Corvis makes no warranties regarding any Third Party Software or any Equipment furnished by Corvis but neither manufactured by Corvis nor purchased by Corvis pursuant to its procurement specifications (e.g., items such as personal computers and products offered as accessories to the Corvis Products) (collectively, "Vendor Items"), Corvis does hereby . Corvis' sole obligation with respect to such Vendor Items will be to assign to Customer the warranties given any warranty provided to Corvis by its vendor(s) of with respect to such Vendor Items to the fullest extent permitted by such warrantieswarranty is assignable, and if any such warranty is not assignable, then upon the request of Customer to take commercially reasonable steps to enforce the warranty for Customer's benefit. Confidential materials omitted and filed separately with the Securities and Exchange Commission. Asterisks denote omissions. 16.2 With respect to Products repaired or replaced during the applicable Warranty Period, Corvis warrants, for a period equal to the greater of (i) the remaining unexpired portion of such Warranty Period, or (ii) 30 days [*] from the date the repair is effected, in the case of Products repaired at the installation site, and from the date a replacement is shipped to Customer, in the case of defective Products that are replaced, that such Products will satisfy and perform in accordance with the warranty set forth in clause (i) in Section 16.1, throughout such time period. 16.3 Corvis will continue to make available for purchase by Customer repair parts for Corvis' Products furnished pursuant to this Agreement so long as Corvis is manufacturing or stocking such equipment or repair parts, but in no event less than the Product Life Supported Period for the Product. 16.4 Corvis may use either new or remanufactured, reconditioned or refurbished Equipment or parts if in like-new condition, or functionally equivalent Equipment or parts (at equivalent or comparable prices) in the furnishing of repairs or replacements under this Agreement. Corvis will have appropriate safeguards and systems in place to assure that parts previously determined to be defective are not reused unless they have been proven to be in compliance with applicable specifications. 16.5 Corvis warrants that it has good marketable title . Subject to the Equipmentprovisions of this Article 16 and Article 18, Corvis warrants, except as stated in the Technical Requirements, or as otherwise mutually agreed by the parties, that it has shall use commercially reasonable efforts to cause any Corvis Software on the full power and authority date provided to grant the license granted Customer under this Agreement with respect by Corvis: (a) to the Licensed Softwarecontain no hidden files; (b) to not replicate, and to Corvis' knowledge, neither the license to nor use by Customer of the Licensed Software or Equipment, as permitted under this Agreement, will constitute an infringement or other violation of any copyright, patent, trade secret, trademark, non-disclosuretransmit, or any other intellectual property right activate itself without control of any third party.a person operating computing equipment on which it resides;