Year 0000 Xxxxxxxx. (a) Sun warrants that specified versions of Products identified on Sun's external Website (url: xxx.xxx.xxx/xxx.xxxx) as being Year 2000 compliant ("Listed Products") will not produce errors in the processing of date data related to the year change from December 31, 1999 to January 1, 2000. Date representation, including leap years, will be accurate when Listed Products are used in accordance with their accompanying documentation, provided that all hardware and software products used in combination with Listed Products properly exchange date data with them.
(b) Versions of Products identified on Sun's external Web site as not yet compliant, but which are scheduled to be made compliant, will become Listed Products when remedial replacement plans, patches, software updates or subsequent releases ("Y2K Fixes") are issued and properly installed.
(c) Other Products are not covered by these warranties. *MATERIAL HAS BEEN OMITTED PURSUANT TO A REQUEST FOR CONFIDENTIAL TREATMENT, AND SUCH MATERIAL HAS BEEN FILED SEPARATELY WITH THE SEC
(d) To the extent that Sun installs Y2K Fixes or performs other Services under the Agreement for GSP, Sun respectively warrants that
(i) upon installation of the Y2K Fixes, Products will become Listed Products; and
(ii) Services performed on Listed Products will not result in them ceasing to be Listed Products.
(e) GSP's sole and exclusive remedy for Sun's breach of these warranties will be for Sun at its option: (i) to use commercially reasonable efforts to repair Listed Products or provide Y2K Fixes, as the case may be; (ii) to supply functionally equivalent Year 2000 compliant products; or (iii) if (i) and (ii) are commercially unreasonable, to refund to GSP its net book value respectively for non-compliant Listed Products or products for which scheduled Y2K Fixes were not provided
Year 0000 Xxxxxxxx. GT warrants that the GT Reservations System will (a) manage and manipulate date data involving all dates (including leap years) from the 20th and 21st centuries without functional or data abnormality related to such dates; (b) manage and manipulate date data involving all dates (including leap years) from the 20th and 21st centuries without inaccurate results related to such dates; and (c) have user interfaces and date data fields formatted (or inferred) to distinguish between dates (including leap years) from the 20th and 21st centuries. No representation or warranty, however, is made with respect to any third party technology, other than as incorporated or used in the Data Centers, being used in combination with the GT Reservation System, including without limitation, third party software, services, telecommunications or technology, and this warranty is subject to the condition that any such third party technology outside the Data Centers will properly and correctly exchange data with the GT Reservation System and will be year 2000 compliant. To the extent there is a breach of this Section 10.3 GT shall implement the problem investigation and correction procedures specified in Attachment D at no cost to Company.
Year 0000 Xxxxxxxx. To the best of Company's knowledge, Company's information technology and all updates thereto are Year 2000 Compliant. "
Year 0000 Xxxxxxxx a. Notwithstanding any other provision of this Agreement, Broker/Dealer represents and warrants that its computers and computer related systems and networks (hereinafter called "computers") are capable of running prior to, during and after the calendar year 2000 AD, and that said computers will operate during each such time period 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. Without limiting the generality of the foregoing, Broker/Dealer further represents and warrants that: (1) its computers will not cause any software delivered by IPL pursuant to this Agreement to 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) the computers have been designed or tested to ensure year 2000 compatibility, including, but not limited to, date data century recognition, calculations which accommodate same century and multi-century formulas and date values, and date data interface values that reflect the century; and (iii) the computers include "Year 2000 Capabilities." For the purposes of this paragraph, "Year 2000 Capabilities" means that the computers:
Year 0000 Xxxxxxxx. 8.5.1 Seller warrants that, during the applicable Warranty Period(s) or for as long as the financing agreement between Buyer and Seller remains in effect, whichever time period is greater, the Hardware acquired under this Agreement, as well as any Software Release of MTX07 or greater licensed to Buyer under this Agreement shall function, with respect to any date dependent operations, without any material, service affecting non-conformance to the Specifications caused by any "Year 2000" issues relating to time-date representations and/or the use of year representations which do not use four digits, provided Buyer has purchased any Hardware necessary to maintain functionality with such Software Release, as contemplated under Article 12 (Software Changes). If the Hardware or Software fails to so function, Buyer's sole remedy and Seller's sole obligation under this warranty is for Seller to correct such failure pursuant to this Article 8. Except as otherwise specified herein, the foregoing does not constitute a commitment by Seller to otherwise support the Hardware and/or Software beyond its contractually committed Warranty Period(s).
8.5.2 Notwithstanding Seller's obligations under Section 8.5.1 hereinabove, Seller's Equipment may continue to use year representations which do not use four digits, where such representations do not constitute a material, service-affecting nonconformance to the Specifications. Seller shall not be obligated to convert any time-date representations to any arbitrary time-date representation format or standard. Seller shall not be responsible for the failure of any Equipment to comply with the applicable Specifications caused by any "Year 2000" issues if such failure was primarily the result of (i) the combination of Equipment with non-Seller equipment, or (ii) unauthorized modification of Equipment by Buyer or any other third party.
8.5.3 The warranty stated in Sections 8.5.1 and 8.5.2 does not apply with regard to OEM Equipment. Seller agrees, that with regard to OEM Equipment, to the extent legally permitted and available, Seller shall assign to Buyer any "Year 2000" warranty it may receive from such OEM Equipment vendor.
Year 0000 Xxxxxxxx. All software developed by a Borrower and used by a ---- ------------------ Borrower (the "SOFTWARE") and all updates thereto will, and to the best knowledge of Borrowers, all other software used by any Borrower ("OTHER SOFTWARE") will, prior to December 1, 1999, correctly handle the change of the century in a standard and compliant manner, including the year 2000 and beyond as well as the leap year and the absence of leap year, and will operate accurately in all respects with respect to date related operations. For purposes of this Agreement, compliance with the foregoing shall mean that the Software and the Other Software will operate and correctly process such that (i) calculations using dates execute utilizing a four digit year, (ii) the Software and Other Software functionality, including, but not limited to, entry, inquiry, maintenance, update and display (whether on-line, batch or otherwise) shall support four digit year processing, (iii) interfaces and reports shall support four digit year processing, (iv) successful transition to the year 2000 using the correct system date shall occur without human intervention, (v) after transition to the year 2000, processing with a four digit year shall occur without human intervention, (vi) all leap years shall be calculated correctly, (vii) correct results shall be produced in forward and backward date calculations spanning century boundaries, including the conversion of previous years currently stored as two digits, and (viii) the Software and Other Software complies with industry standards regarding the change of the century and year 2000 compliance.
Year 0000 Xxxxxxxx. 11.01 Supplier covenants and warrants that all products and services will correctly and properly perform all calculations and functions, including without limitation, collating sequences, time and date stamping transactions, time synchronization, file dating, and aging routines, if any, based upon dates equal to and beyond the year 2000 ("Year 2000 Compliance").
11.02 Supplier covenants and warrants that its facilities, production processes, equipment, and business systems are or will be Year 2000 Compliant such that there will be no disruption in services to Aetna in the Year 2000 and beyond. Supplier agrees to allow Aetna to inspect Suppliers facilities, production processes, equipment, and business systems from time to time to verity and document Supplier's compliance with this warranty.
11.03 Supplier's failure to perform with regard to Year 2000 Compliance shall constitute a material breach of this Agreement. In the event Supplier is unable to cure the breach to Aetna's sole satisfaction, Supplier shall be liable to Aetna for any and all damages arising from Supplier's failure to cure.
11.04 Supplier shall at its own expense indemnify, defend, settle, and hold harmless Aetna and its officers, agents, employees, customers, and all persons claiming under Aetna, from and against any and all claims, actions, injunctions, damages, losses, liabilities, costs, and expenses (including legal fees, costs, and expenses) arising in any way out of any claim, suit, proceeding, or allegation that is the result of the Supplier's failure to comply with the terms of this provision. Aetna agrees to send Supplier written notice of any such claim, suit, proceeding, or allegation promptly after Aetna receives written notice of the same.
11.05 Paragraphs 11.01, 11.02, 11.03 and 11.04 shall survive this Agreement, even if this Agreement is terminated.
Year 0000 Xxxxxxxx. Allegiance warrants that: (a) it will use all commercially reasonable efforts to obtain guarantees from its vendors and suppliers that the services, hardware and software that it obtains from such vendors and suppliers shall be Y2K Compliant or (b) it will obtain product warranties from its vendors and suppliers which in effect will guarantee that the services, hardware and software that it obtains from such vendors and suppliers are Y2K Compliant; and (c) with respect to any hardware and software that is under the control of Allegiance and utilized in the provision of the Integrated Network Solution hereunder, that Allegiance will use all commercially reasonable efforts to ensure that such hardware and software shall be Y2K Compliant. In the event Allegiance becomes aware of a possible or an actual failure of the Integrated Network Solution, the Allegiance Software or Allegiance Works to be Y2K Compliant, Allegiance shall promptly inform Genuity of all relevant information (and timely provide Genuity with updates to such information). In the foregoing sentence, the use of "timely" means promptly after the relevant information becomes known to or is developed by or for Allegiance.
Year 0000 Xxxxxxxx. 11.4.1 SHIVA represents and warrants that by January 1, 1998, all PRODUCTS and FEATURES provided pursuant to this MARKETING AGREEMENT, when used in accordance with their SPECIFICATIONS and DOCUMENTATION, shall (i) process date and time related data without causing any processing interruptions, abnormal terminations, or changes in performance characteristics, and (ii) shall process and manipulate all date and time related functions correctly. Without limiting the generality of the foregoing, all PRODUCTS and FEATURES provided by SHIVA shall:
(a) correctly handle date and time related data before, during and after January 1, 2000, including but not limited to accepting date input, providing date output, and performing ongoing operations on dates and portions of dates including, but not limited to, calculating, comparing and sequencing of dates (in both forward and backward operations spanning century boundaries);
(b) correctly handle leap year calculations (including but not limited to identification of leap years, interval calculations, day-in-year calculations, day-of-the-week calculations, and week-of-the-year calculations);
(c) correctly handle all two digit date and time related input in a manner that resolves ambiguity as to century in a disclosed, defined and predetermined manner; and CONFIDENTIAL MATERIAL OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION. ASTERISKS DENOTE SUCH OMISSIONS.
(d) correctly store and provide output of all date and time data in a manner that is unambiguous as to century.
11.4.2 SHIVA shall immediately notify NORTEL of any and all date- related bugs, errors or deficiencies in the PRODUCTS and/or SHIVA supplied FEATURES. For the purpose of problem resolution, any such date related bugs, errors or deficiencies shall be deemed to be bugs, errors or deficiencies of the highest priority level, and shall be resolved according to the procedures provided for such priority level.
11.4.3 Any provisions of the MARKETING AGREEMENT that tend to limit or eliminate the liability of SHIVA shall have no application with respect to the year 2000 compliance warranty set out above.
Year 0000 Xxxxxxxx. (a) Seller represents and warrants that during the period beginning on the warranty start date and for the warranty periods set forth in Section 7.1, but in no event ending prior to December 31, 2001, any Seller Provided Products and Licensed Materials delivered by the Seller to the Customer under this Contract will:
(i) accurately and fully record, store, present and process calendar dates falling on or after January 1, 2000, with substantially the same functionality as such products record, store, present and process calendar dates falling on or before December 31, 1999; and
(ii) provide substantially the same functionality with respect to the introduction of data containing dates falling on or after January 1, 2000, as it provides with respect to the introduction of data containing dates falling on or before December 31, 1999. All of the foregoing functionality in this paragraph (a) shall be known as "Year 2000 Capable."
(b) When Customer purchases more than one version of software, if they are intended by Seller to interoperate, all such versions of Software will be compatible and interoperate in such manner as to process between them, as applicable, date related data correctly as described in paragraph (a) above.
(c) The foregoing sets forth an additional warranty for Seller's Licensed Materials. The failure of the Products and Software to meet the foregoing requirements during the warranty period set forth in section 7.1 entitles Customer to the remedies set forth therein.
(d) Nothing in the foregoing shall be deemed to make Seller responsible for the Year 2000 capability of any Software constituting Vendor Items interoperating or intending to operate with Seller's Software. Customer and/or the manufacturer of other supplier of such third LUCENT TECHNOLOGIES/XX.XXX PROPRIETARY party Software shall be responsible for any Year 2000 compliance and assuring the ability of such Vendor Item Software to successfully operate while interoperating with Seller's Software.
