Warranty Against Planned Obsolescence Sample Clauses

Warranty Against Planned Obsolescence. The Vendor warrants that the products and services proposed to and acquired by the City under this Contract are new and of current manufacture, and that it has no current plans for announcing a replacement line that would be marketed by Vendor as a replacement for any of the products provided to the City under this Contract and would result in reduced support for the product line within which the System furnished to the City is contained. The Vendor further warrants that, in the event that a major change in hardware, software, or operating system occurs that radically alters the design architecture of the System and makes the current design architecture obsolete within three (3) years after full execution of this Contract, and if the City continues its annual maintenance Contract with the Vendor, the Vendor shall provide the City with a replacement hardware, software, or operating system(s) that continues the full functionality of the systems, at no extra cost to the City.
Sample 1
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Warranty Against Planned Obsolescence. The Contractor warrants that the products proposed to and acquired by Seattle under this Contract are new and of current manufacture, and that it has no current plans for announcing a replacement line that would be marketed by Contractor as a replacement for any of the products provided to Seattle under this Contract and would result in reduced support for the product line within which the System furnished to Seattle is contained. Contractor shall notify Seattle 12 months prior to the planned replacement of any line or product acquired or licensed by Seattle under this Contract and shall continue to provide support for such obsolete products for 12months after the date of obsolescence provided Seattle is on a current Support and Maintenance plan for such products.
Sample 1
Warranty Against Planned Obsolescence. The Vendor warrants that the Software acquired by the City under this Agreement is of current manufacture, and that it has no current plans for announcing a replacement line that would be marketed by Vendor as a replacement for any of the Software products provided to the City under this Agreement and would result in reduced support for the Software. The Vendor further warrants that, in the event that a major change in software occurs that radically alters the source code of the Software and makes the current source code obsolete within three (3) years after full execution of this Agreement, and if the City continues its annual maintenance agreement with the Vendor, the Vendor shall provide the City with replacement software that continues the full functionality of the Risk Management Information System Software, at no extra cost to the City.
Sample 1
Warranty Against Planned Obsolescence. The Vendor warrants that the products proposed to and acquired by the City under this Contract are new and of current manufacture, and that it has no current plans for announcing a replacement line that would be marketed by Vendor as a replacement for any of the products provided to the City under this Contract and would result in reduced support for the product line within which the System furnished to the City is contained. No Surreptitious Code Warranty The Vendor warrants to the City that no copy of the licensed Software provided to the City contains or will contain any Self-help Code or any Unauthorized Code as defined below. This warranty is referred to in this Contract as the “No Surreptitious Code Warranty.” As used in this Contract, “Self-help Code” means any back door, time bomb, drop dead device, or other Software routine designed to disable a computer program automatically with the passage of time or under the positive control of a person other than the licensee of the Software. The term “Self-help Code” does not include Software routines in a computer program, if any, designed to permit an owner of the computer program (or other person acting by authority of the owner) to obtain access to a licensee’s computer system(s) (e.g. remote access via modem) for purposes of maintenance or technical support. As used in this Contract, “Unauthorized Code” means any “virus,” “Trojan horse,” “worm” or other Software routines or Equipment components designed to permit unauthorized access to disable, erase, or otherwise harm Software, Equipment, or data or to perform any other actions. The term Unauthorized Code does not include Self-help Code. The Vendor shall defend City against any claim, and indemnify the City against any loss or expense arising out of any breach of the No Surreptitious Code Warranty.
Sample 1
Warranty Against Planned Obsolescence. The Contractor warrants that the Services proposed to and acquired by the City under this agreement are new and of current manufacture, and that it has no current plans for announcing a replacement line that would be marketed by Contractor as a replacement for any of the Goods and/or Services provided to the City under this agreement and would result in reduced support for the product line within which the CIAM Software solution furnished to the City is contained. The Contractor further warrants that, in the event that a major change in hardware, software, or operating system occurs that radically alters the design architecture of the System and makes the current design architecture obsolete within five (5) years after full execution of this agreement, and if the City continues its annual maintenance contract with the Contractor, the Contractor shall provide the City with a replacement hardware, software, or operating system(s) that continues the full functionality of the systems, at no extra cost to the City.
Sample 1

Related to Warranty Against Planned Obsolescence

  • NO WARRANTY BY CITY AGAINST INFRINGEMENTS The Contractor represents and warrants to the City that: (i) the Contractor shall provide the City good and indefeasible title to the deliverables and (ii) the deliverables supplied by the Contractor in accordance with the specifications in the Contract will not infringe, directly or contributorily, any patent, trademark, copyright, trade secret, or any other intellectual property right of any kind of any third party; that no claims have been made by any person or entity with respect to the ownership or operation of the deliverables and the Contractor does not know of any valid basis for any such claims. The Contractor shall, at its sole expense, defend, indemnify, and hold the City harmless from and against all liability, damages, and costs (including court costs and reasonable fees of attorneys and other professionals) arising out of or resulting from: (i) any claim that the City’s exercise anywhere in the world of the rights associated with the City’s’ ownership, and if applicable, license rights, and its use of the deliverables infringes the intellectual property rights of any third party; or (ii) the Contractor’s breach of any of Contractor’s representations or warranties stated in this Contract. In the event of any such claim, the City shall have the right to monitor such claim or at its option engage its own separate counsel to act as co-counsel on the City’s behalf. Further, Contractor agrees that the City’s specifications regarding the deliverables shall in no way diminish Contractor’s warranties or obligations under this paragraph and the City makes no warranty that the production, development, or delivery of such deliverables will not impact such warranties of Contractor.

  • Warranty Against Defects Subdivider shall warrant all Subdivision public improvements to be free from defects and shall make all necessary repairs or modification to the Subdivision for a period of Three (3) years from acceptance of dedication of public improvements of the final phase of the Subdivision by the City of Avon. If the Subdivider fails to meet the warranty obligations in a timely manner, the City of Avon may contract with any other party for the necessary work or use its own employees to perform the work and to be reimbursed by the Subdivider or, if sufficient funds are available, to draw upon the financial guarantees provided in this Agreement.

  • Warranty Against Encumbrances Seller warrants that the goods are now free, and at the time of delivery shall be free, from any security interest or other lien or encumbrance.

  • PARTS OBSOLESCENCE LOCKHEED XXXXXX may desire to place additional orders for Work purchased hereunder. SELLER shall provide LOCKHEED XXXXXX with a "Last Time Buy Notice" at least twelve (12) months prior to any action to discontinue any Work purchased under this Contract.

  • Obsolescence If Supplier plans to cease production of any Parts after the twenty-year period as detailed in Section 2.3(b) above, then Supplier shall provide Buyer with at least one calendar year’s notice of such event so that Buyer may request a “last-time” buy from Supplier for such Parts. If Supplier plans to cease production of any goods (into which the applicable Parts are incorporated) Buyer purchases under this Order within two (2) years from the date on the Order, Supplier shall provide Buyer with at least one calendar year’s notice of such event so that Buyer may request a “last-time” buy from Supplier of such goods.

  • Warranty Claims This Contractual Warranty is provided by Xxxxxxxxx Electric and covers defects in workmanship and materials in your Product. This warranty period lasts from the date of purchase at the point of sale to you, the original end user, unless otherwise agreed in writing (the "Warranty Period"). This Contractual Warranty is transferable to subsequent owners but only for the unexpired portion of the Warranty Period.

  • WARRANTY/QUALITY Unless a longer warranty is called for elsewhere in the Contract, Contractor, manufacturer, or their assigned agents shall guarantee the workmanship, product or Services performed against defective workmanship, defects or failures of materials for a minimum period of one (1) year from District’s written approval of the Work. All workmanship and merchandise must be warranted to be in compliance with applicable California energy, conservation, environmental, and educational standards.

  • Product Warranty Claims When we receive a valid warranty claim for an HP hardware or software product, HP will either repair the relevant defect or replace the product. If HP is unable to complete the repair or replace the product within a reasonable time, Customer will be entitled to a full refund upon the prompt return of the product to HP (if hardware) or upon written confirmation by Customer that the relevant software product has been destroyed or permanently disabled. HP will pay for shipment of repaired or replaced products to Customer and Customer will be responsible for return shipment of the product to HP.

  • Warranty Exclusions The Limited Warranty in clauses 1.2 and 1.3 does not apply:

  • Intellectual Property Warranty and Indemnification Contractor represents and warrants that any materials or deliverables, including all Deliverable Materials, provided under this Contract are either original, or not encumbered, and do not infringe upon the copyright, trademark, patent or other intellectual property rights of any third party, or are in the public domain. If Deliverable Materials provided hereunder become the subject of a claim, suit or allegation of copyright, trademark or patent infringement, City shall have the right, in its sole discretion, to require Contractor to produce, at Contractor’s own expense, new non-infringing materials, deliverables or works as a means of remedying any claim of infringement in addition to any other remedy available to the City under law or equity. Contractor further agrees to indemnify, defend, and hold harmless the City, its officers, employees and agents from and against any and all claims, actions, costs, judgments or damages, of any type, alleging or threatening that any Deliverable Materials, supplies, equipment, services or works provided under this contract infringe the copyright, trademark, patent or other intellectual property or proprietary rights of any third party (Third Party Claim of Infringement). If a Third Party Claim of Infringement is threatened or made before Contractor receives payment under this Contract, City shall be entitled, upon written notice to Contractor, to withhold some or all of such payment.

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