Y2K Compliance. PFPC further represents and warrants that any and all electronic data processing systems and programs that it uses or retains in connection with the provision of services hereunder on or before January 1, 1999 will be year 2000 compliant.
Y2K Compliance. The MPF Provider represents and warrants to the Boston Bank that (i) the software used by the MPF Provider in providing ancillary support services with respect to the Program Loans being administered under the MPF Program (the “Servicing Software”) will operate prior to, during and after December 31, 1999 without error relating to date data, including without limitation, date data which represents different centuries or more than one century, (ii) the Servicing Software will not operate abnormally or provide invalid or incorrect results as a result of date data representing different centuries or more than one century, (iii) the Servicing Software is designed to ensure year 2000 capability, including without limitation, date data recognition, calculations which accommodate same century and multi-century formulas and data values, and date data interface values that reflect the century, (iv) the Servicing Software will accurately and correctly manage and manipulate data involving dates, including single century formulas and multi-century formulas, and will not cause an abnormally functioning or ending scenario within the application or generate incorrect values or invalid results involving such dates, and (v) the Servicing Software will accurately process date/time data from, into and between the twentieth and twenty-first centuries, and the years 1999 and 2000, and will accurately perform leap year calculations during and for the twentieth and twenty-first century, including the leap year 2000. Notwithstanding any other provision in this Agreement to the contrary, the MPF Provider’s liability under this Section 4.3. shall be limited to direct compensatory damages and in no event shall the MPF Provider be liable under this Section 4.3. for consequential or punitive damages (except for willful misconduct or gross negligence on the part of the MPF Provider).
Y2K Compliance. To the knowledge of the Seller, all of the Purchased Assets are Year 2000 Compliant to the extent applicable. For the purposes of this Agreement, "
Y2K Compliance. To the knowledge of the Company and its Subsidiaries, except as set forth in Schedule 3.1(y) delivered to Parent by the Company prior to the execution of this Agreement, each computer, computer program and other item of software (whether installed on a computer or on any other piece of equipment, including firmware) that is owned, licensed or used by the Company or any of its Subsidiaries for its internal business operations is Year 2000 Compliant. Except as set forth in Schedule 3.1(y) delivered to Parent by the Company prior to the execution of this Agreement, the Company and each of its Subsidiaries has conducted sufficient Year 2000 compliance testing for each computer, computer program and item of software referred to in the preceding sentence to be able to determine whether such computer, computer program or item of software is Year 2000 Compliant, and to the Company's knowledge, each of the Company's principal suppliers' products or services provided by such suppliers to the Company and its Subsidiaries is Year 2000 Compliant except, in each case where the failure to be Year 2000 Compliant, when considered together with all such other failures, would not reasonably be expected to have a material adverse effect on the Company and its Subsidiaries taken as a whole. A computer, computer program or other item of software will be deemed "Year 2000 Compliant" only if: (i) the functions, calculations, and other computing processes of such computer, program or software (collectively, "Processes") perform in a consistent and correct manner without interruption regardless of the date on which the Processes are actually performed and regardless of the date input to the applicable computer system (whether before, on, or after January 1, 2000); (ii) such computer, program or software accepts, calculates, compares, sorts, extracts, sequences, and otherwise processes date inputs and date values, and returns and displays date values, in a consistent and correct manner regardless of the dates used (whether before, on, or after January 1, 2000); (iii) such computer, program or software accepts and responds to year input, if any, in a manner that resolves any ambiguities as to century in a defined, predetermined and appropriate manner; (iv) such computer, program or software stores and displays date information in ways that are unambiguous as to the determination of the century; and (v) leap years are determined by the following standard: (A) if dividing the year by 4...
Y2K Compliance. To the knowledge of Parent and its Subsidiaries, except as set forth in Schedule 3.2(t) delivered to the Company by Parent prior to the execution of this Agreement, each computer, computer program and other item of software (whether installed on a computer or on any other piece of equipment, including firmware) that is owned, licensed or used by Parent or any of its Subsidiaries for its internal business operations is Year 2000 Compliant. Except as set forth in Schedule 3.2(t) delivered to the Company by Parent prior to the execution of this Agreement, Parent and each of its Subsidiaries has conducted sufficient Year 2000 compliance testing for each computer, computer program and item of software referred to in the preceding sentence to be able to determine whether such computer, computer program or item of software is Year 2000 Compliant, and to Parent's knowledge each of Parent's principal supplier's products or services provided by such suppliers to Parent and its Subsidiaries is Year 2000 Compliant except, in each case where the failure to be Year 2000 Compliant would not reasonably be expected to have a material adverse effect on the Condition of Parent and its Subsidiaries taken as a whole.
Y2K Compliance. Except as set forth in the SEC Reports, all items, products, software, components and systems used in and material to the operation of the business of the Company and the Subsidiaries, which incorporate the processing of dates or date-related data (including, but not limited to, representing, calculating, comparing and sequencing), including, but not limited to, computer systems, infrastructure items, software applications, hardware and related equipment and utilities, developed, in whole or part, by the Company or any of the Subsidiaries are currently Y2K-compliant. Except as set forth in Schedule 4.22, the Company has obtained commitments that all vendors that are material to the Company and the Subsidiaries are Y2K-compliant.
Y2K Compliance. Except as disclosed on Schedule 5.25, the Borrower
(a) has reviewed the areas within its operations and the operations of its Subsidiaries that utilize computers;
(b) has completed the development of a program for testing whether all computer systems necessary for the current operation of its business and the business of its Subsidiaries taken as a whole are Y2K Compliant;
(c) has tested all such computer systems for Y2K compliance and furnished to the Administrative Agent a written report of the results thereof;
(d) has developed a written course of action to make all the computer systems utilized by it or any of its Subsidiaries and necessary for the business of the Borrower and its Subsidiaries taken as a whole Y2K Compliant and furnished to the Administrative Agent a copy thereof;
(e) has identified all the changes, modifications and corrections indicated in the course of action referred to in clause (d) above;
(f) has identified those of its customers, suppliers and others who are critical to its business and that of its Subsidiaries taken as a whole or with whom it electronically transmits or receives data and inquired of them as to whether the computer systems utilized by such customers, suppliers and others and critical for their operations are Y2K Compliant, and summarized the results of such inquiries in a written report, a copy of which it has furnished to the Administrative Agent;
(g) has tested each computer system necessary to the business of the Borrower and its Subsidiaries taken as a whole interfacing with customers, suppliers and others identified pursuant to clause (f) above;
(h) has implemented all the changes, modifications and corrections required by the tests refereed to in clause (g) above;
(i) has developed a written contingency plan for action to be taken by the Borrower and its Subsidiaries in the event that any of the computer systems utilized by it in its business and the business of its Subsidiaries or by the customers, suppliers and others identified pursuant to clause (f) above and critical for their operations is not Y2K Compliant; and
(j) has no reason to believe and does not believe that it will be unable to complete the testing or make the modifications not yet completed that are shown on Schedule 5.25 or implement any contingency plan referred to in clause (i) above except for any inability that will not have a Material Adverse Effect.
Y2K Compliance. None of the computer software, computer firmware, computer hardware (whether general or special purpose) or other similar or related items of automated, computerized or software systems that are used or relied on by Xxxxxx Xxxxxxxx or by any of its Subsidiaries in the conduct of the businesses of any or all of them will malfunction, cease to function, generate incorrect data, or produce incorrect results when processing, providing or receiving (i) date-related data from, into and between the twentieth and twenty-first centuries or (ii) date-related data in connection with any date in the twentieth and twenty-first centuries, except where such malfunctions would not have a Material Adverse Effect on Xxxxxx Xxxxxxxx.
Y2K Compliance. Contractor represents and warrants that the System will be designed to be used with data created prior to, during, and after the calendar year 2000 A.D., and that the System will operate without error relating to date data, specifically including any error relating to, or the product of, date data which represents or references different centuries or more than one century.
11.5.1 Without limiting the generality of the foregoing, Contractor further represents and warrants:
(i) That the System will not abnormally end or provide invalid or incorrect results as a result of date data, specifically including date data which represents or references different centuries or more than one century;
(ii) That the System has been designed to ensure year 2000 compatibility, including date data century recognition, calculations that accommodate same century and multi-century formulas and date values, and date data interface values that reflect the century; and
(iii) That the software includes Year 2000 Capabilities.
11.5.2 For the purposes of this Agreement, "Year“Year 2000 Capabilities" Capabilities” means the System:
Y2K Compliance. Healtheon hereby certifies that it has made reasonable inquiry and investigation into whether the Healtheon Service and System are Year 2000 ("Y2K") Compliant (as defined below) such that the availability and provision of the Healtheon Service will continue in accordance with the requirements of this Agreement into the year 2000. Should Healtheon become aware of any Y2K compliance issue that would or could have a material negative impact on its ability to provide the Healtheon Service as contemplated herein, it shall diligently work to minimize such negative impact on the Healtheon Service and NMS (and its End Users). In case of breach of the foregoing, Healtheon promptly shall correct the problem and provide NMS (and its End Users) with access to and use of a corrected Healtheon Service. "Year 2000 Compliant" means that the ability to calculate and compare date data between the twentieth and twenty-first centuries (including calendar dates for the Leap Year), without impairment in the functioning of the Healtheon Service, when used in accordance with any documentation provided by Healtheon, but only if all associated products, such as hardware, software and firmware, used in combination with the Healtheon Service properly exchange date data with the Healtheon Service and System.
