Common use of Year 0000 Xxxxxxxx Clause in Contracts

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

Appears in 2 contracts

Samples: Channel Agreement (Rosetta Inpharmatics Inc), Channel Agreement (Rosetta Inpharmatics Inc)

AutoNDA by SimpleDocs

Year 0000 Xxxxxxxx. (a) Sun Vendor warrants that specified versions all work performed and Vendor's facilities and systems covered or used in connection with Vendor's provisioning of Products identified on Sun's external Website (url: xxx.xxx.xxx/xxx.xxxx) as being the Services under this Agreement are Year 2000 compliant Compliant. In the event that said work performed and facilities used is/are unable to meet such standards, Vendor shall make all reasonable effort to promptly modify said work and facilities so as to enable it/them to be Year 2000 Compliant at no cost to P&G. If said work and facilities are still not Year 2000 Compliant thirty ("Listed Products"30) will not produce errors in days after receipt of written notice of the processing non-compliance, P&G shall have the right to terminate the portion(s) of date data this Agreement directly related to the year change from December 31non-compliant work or facilities. Within fifteen (15) days of any written notice of termination under this warranty, 1999 to January 1Vendor shall provide P&G with a full refund of fees or other funds paid for the said work and use of said facilities, 2000. Date representationas well as the pro rata portion for the remaining Term of any other charges such as Services fees, including leap years, will be accurate when Listed Products are used paid by P&G for the said work and use of said facilities terminated in accordance with their accompanying documentation, provided that all hardware and software products used in combination with Listed Products properly exchange date data with themthis clause. (b) Versions of Products identified on Sun's external Web site Vendor will pass through to P&G all applicable Year 2000 warranties it receives from the original equipment manufacturer. In the event that one or more products is/are unable to meet such standards, Vendor shall make all reasonable effort to promptly modify such products so as not yet compliant, but which are scheduled to enable it/them to be made compliant, will become Listed Products when remedial replacement plans, patches, software updates or subsequent releases Year 2000 Compliant at no cost to P&G. If products are still not Year 2000 Compliant thirty ("Y2K Fixes"30) 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 days after receipt of written notice of the Y2K Fixesnon-compliance, Products will become Listed Products; and (iiP&G shall have the right to terminate the portion(s) Services performed on Listed Products will not result in them ceasing of this Agreement directly related 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 products. Within fifteen (15) days of any written notice of termination under this warranty, Vendor shall assist P&G in its efforts to obtain from the manufacturer, a full refund of fees or other funds paid for the products, as well as the pro rata portion for the remaining Term of any other charges such as Services fees, paid by P&G for the products for which scheduled Y2K Fixes were not providedterminated in accordance with this clause.

Appears in 1 contract

Samples: Asset Purchase Agreement (Pomeroy Computer Resources Inc)

Year 0000 Xxxxxxxx. (a) Sun warrants that specified versions of Products identified on Sun's external Website (urlUrl: xxx.xxx.xxx/xxx.xxxxxxx.xxx.xxx/x0000/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 plansparts, patches, software updates or subsequent releases ("Y2K Fixes") are amre 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 GSPPartner, Sun respectively warrants that : (i) upon installation of the Y2K Fixes, Products will become Listed Products; and and (ii) Services performed on Listed Products will not result in them ceasing to be Listed Products. . (e) GSPPartner'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 Partner its net book value respectively for non-compliant Listed Products or products for which scheduled Y2K Fixes were not provided.

Appears in 1 contract

Samples: Channel Agreement (Emtec Inc/Nj)

Year 0000 Xxxxxxxx. (a) Sun warrants that specified versions of Products Product identified on Sun's external Website Web site (url: xxx.xxx.xxx/xxx.xxxxxxx.xxx.xxx/x0000/xxx.xxxx) as being Year 2000 compliant ("Listed ProductsProduct") 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 Product are used in accordance with their accompanying documentation, provided that all hardware and software products used in combination with Listed Products Product properly exchange date data with them. (b) In addition to the Listed Products, the warranty also applies to the Products identified in Attachment A to the Software Exhibit attached hereto. (c) Versions of Products Product identified on Sun's external Web site as not yet compliant, but which are scheduled to be made compliant, will become Listed Products Product when remedial replacement plansparts, patches, software updates or subsequent releases ("Y2K Fixes") are issued and properly installed. (cd) Other Products Product 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. (de) To the extent that Sun installs Y2K Fixes or performs other Services Service under the Agreement for GSPCustomer, Sun respectively warrants that: (i) upon installation of the Y2K Fixes, Products Product will become Listed ProductsProduct; and (ii) Services Service performed on Listed Products Product will not result in them ceasing to be Listed ProductsProduct. (ef) GSPCustomer's sole and exclusive remedy for Sun's breach of these warranties will be for Sun at its optionSun: (i) at Sun's expense, to use commercially reasonable efforts to repair Listed Products or provide Y2K Fixes, as the case may be; (ii) to supply functionally Customer promptly with equivalent Year 2000 compliant productsProduct; or (iiiii) if (i) and (ii) are is commercially unreasonable, to refund to GSP Customer its net book value respectively for non-compliant Listed Products or products for which scheduled Y2K Fixes were not providedProduct.

Appears in 1 contract

Samples: Sun Channel Agreement (Intraware Inc)

AutoNDA by SimpleDocs

Year 0000 Xxxxxxxx. (a) Sun warrants that specified versions of Products identified on Sun's external Website (url: xxx.xxx.xxx/xxx.xxxxxxx.xxx.xxx/x0000/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 plansparts, 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 GSPPartner, Sun respectively warrants that : (i) upon installation of the Y2K Fixes, Products will become Listed Products; and and (ii) Services performed on Listed Products will not result in them ceasing to be Listed Products. . (e) GSPPartner'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 Partner its net book value respectively for non-compliant Listed Products or products for which scheduled Y2K Fixes were not provided.

Appears in 1 contract

Samples: Channel Agreement (Design Automation Systems Inc)

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!