Common use of WARRANTIES; DISCLAIMERS; LIMITATIONS OF LIABILITY Clause in Contracts

WARRANTIES; DISCLAIMERS; LIMITATIONS OF LIABILITY. a. Company warrants that: (i) all software and equipment utilized by Company in providing Services will, on the date installed and during the Term of this Agreement, be in good working order and will substantially conform in all material respects to Company’s Service specifications; (ii) all work performed by Company in providing Services will be performed in a good and workmanlike manner; (iii) Company has good and valid title, or has otherwise licensed such rights as are necessary, with respect to all software and equipment utilized to provide Services; and (iv) Company has sufficient legal rights to provide Services to Customer. b. In the event of any default by Company hereunder, Customer's sole and exclusive remedies shall be the adjustment, repair or replacement of the goods or services as deemed mutually appropriate by Customer and Company. Customer agrees that any claim that the foregoing warranties have been materially breached or violated must be described in sufficient detail in a written notification to Company pursuant to the notification requirement of this Agreement. Such written notification must be provided to Company within thirty (30) days of the occurrence of the breach or violation, or else such alleged breach or violation shall be deemed immaterial and waived by Customer. c. Certain portions of the Services provided under the Agreement may be provided by third party service providers (“Third-Party Services”). Customer acknowledges that in order to receive the Third-Party Services Customer may be required to agree to separate and additional terms and conditions with such third-party service providers (“Third-Party Agreement”) and that Company is not responsible for the services or products of such third parties.

WARRANTIES; DISCLAIMERS; LIMITATIONS OF LIABILITY. a. Company warrants that: (i) all software and equipment utilized by Company in providing Services will, on the date installed and during the Term of this Agreement, be in good working order and will substantially conform in all material respects to Company’s Service specifications; (ii) all work performed by Company in providing Services will be performed in a good and workmanlike manner; (iii) Company has good and valid title, or has otherwise licensed such rights as are necessary, with respect to all software and equipment utilized to provide Services; and (iv) Company has sufficient legal rights to provide Services to Customer. b. In the event of any default by Company hereunder, CustomerXxxxxxxx's sole and exclusive remedies shall be the adjustment, repair or replacement of the goods or services as deemed mutually appropriate by Customer and Company. Customer agrees that any claim that the foregoing warranties have been materially breached or violated must be described in sufficient detail in a written notification to Company pursuant to the notification requirement of this Agreement. Such written notification must be provided to Company within thirty (30) days of the occurrence of the breach or violation, or else such alleged breach or violation shall be deemed immaterial and waived by Customer. c. Certain portions of the Services provided under the Agreement may be provided by third party service providers (“Third-Party Services”). Customer acknowledges that in order to receive the Third-Party Services Customer may be required to agree to separate and additional terms and conditions with such third-party service providers (“Third-Party Agreement”) and that Company is not responsible for the services or products of such third parties.

WARRANTIES; DISCLAIMERS; LIMITATIONS OF LIABILITY. a. Company warrants that: (i) all software and equipment utilized by Company in providing Services will, on the date installed and during the Term of this Agreement, be in good working order and will substantially conform in all material respects to Company’s Service specifications; (ii) all work performed by Company in providing Services will be performed in a good and workmanlike manner; (iii) Company has good and valid title, or has otherwise licensed such rights as are necessary, with respect to all software and equipment utilized to provide Services; and (iv) Company has sufficient legal rights to provide Services to Customer.. t b. In the event of any default by Company hereunder, Customer's sole and exclusive remedies shall be the adjustment, repair or replacement of the goods or services as deemed mutually appropriate by Customer and Company. Customer agrees that any claim that the foregoing warranties have been materially breached or violated must be described in sufficient detail in a written notification to Company pursuant to the notification requirement of this Agreement. Such written notification must be provided to Company within thirty (30) days of the occurrence of the breach or violation, or else such alleged breach or violation shall be deemed immaterial and waived by Customer. c. Certain portions of the Services provided under the Agreement may be provided by third party service providers (“Third-Party Services”). Customer acknowledges that in order to receive the Third-Party Services Customer may be required to agree to separate and additional terms and conditions with such third-party service providers (“Third-Party Agreement”) and that Company is not responsible for the services or products of such third parties.

WARRANTIES; DISCLAIMERS; LIMITATIONS OF LIABILITY. a. Company warrants that: (i) all software and equipment utilized by Company in providing Services will, on the date installed and during the Term of this Agreement, be in good working order and will substantially conform in all material respects to Company’s Service specifications; (ii) all work performed by Company in providing Services will be performed in a good and workmanlike manner; (iii) Company has good and valid title, or has otherwise licensed such rights as are necessary, with respect to all software and equipment utilized to provide Services; and (iv) Company has sufficient legal rights to provide Services to Customer. b. In the event of any default by Company hereunder, CustomerXxxxxxxx's sole and exclusive remedies shall be the adjustment, repair or replacement of the goods or services as deemed mutually appropriate by Customer and Company. Customer agrees that any claim that the foregoing warranties have been materially breached or violated must be described in sufficient detail in a written notification to Company pursuant to the notification requirement of this Agreement. Such written notification must be provided to Company within thirty (30) days of the occurrence of the breach or violation, or else such alleged breach or violation shall be deemed immaterial and waived by Customer. c. Certain portions of the Services provided under the Agreement may be provided by third party service providers (“Third-Party Services”). Customer acknowledges that in order to receive the Third-Party Services Customer may be required to agree to separate and additional terms and conditions with such third-party service providers (“Third-Third- Party Agreement”) and that Company is not responsible for the services or products of such third parties.