Year 2000 Capability. (a) To the Seller's best knowledge, except as set forth in Schedule 4.31(a), all of the Company's and its Subsidiaries' internal computer systems comprised of software, hardware, databases or embedded control systems (microprocessor controlled, robotic or other device) related to the Company's and its Subsidiaries' businesses (collectively, a "Business System"), that constitutes any material part of, or is used in connection with the use, operation or enjoyment of, any material tangible or intangible asset or real property of the Company and its Subsidiaries, including its accounting systems, will record, store, process and calculate and present calendar dates falling on and after December 31, 1999, and will calculate any information dependent on or relating to such dates in the same manner and with the same functionality, data integrity and performance as the products record, store, process, calculate and present calendar dates on or before December 31, 1999, or calculate any information dependent on or relating to such dates (collectively, "Year 2000 Capable"). Except as set forth in Schedule 4.31(a), to the Seller's best knowledge, the current versions of the Company's and its Subsidiaries' software and all other Intellectual Property may be used prior to, during and after December 31, 1999, such that such Software and Intellectual Property will operate prior to, during and after such time period without error caused by date data that represents or references different centuries or more than one century.
(b) Except as set forth on Schedule 4.31(b), to the Seller's best knowledge, the conduct of the Company's business with its material customers and suppliers will not be materially adversely affected by the advent of the year 2000, the advent of the twenty-first century or the transition from the twentieth century through the year 2000 and into the twenty-first century. Except as set forth on Schedule 4.31(b), to the Seller's best knowledge, neither the Company nor any of its Subsidiaries is reasonably likely to incur material expenses arising from or relating to the failure of any of its Business Systems as a result of the advent of the year 2000, the advent of the twenty-first century or the transition from the twentieth century through the year 2000.
Year 2000 Capability. (i) Except as set forth in Section 3.15(o) of the Company Disclosure Schedule, all of the Company's and its subsidiaries' material products (including products currently under development) will record, store, process and calculate and present calendar dates falling on and after December 31, 1999, and will calculate any information dependent on or relating to such dates and with the same functionality, data integrity and performance as the products record, store, process, calculate and present calendar dates on or before December 31, 1999, or calculate any information dependent on or relating to such dates (collectively, "Year 2000 Capable"). Except as set forth in Section 3.15(o) of the Company
Year 2000 Capability. All of the computer software, computer hardware, other computer and microprocessor-based equipment and all other equipment which performs or is or may be required to perform functions involving dates or the computation of dates, or containing date related data, owned, licensed, or used by the Company (collectively the "Computer Devices") will not suffer a Year 2000 Problem (as defined below). The Company has contacted and received written assurances from all material suppliers of goods and services, including but not limited to suppliers of Computer Devices, that all of the computer software, computer hardware, and other computer and microprocessor-based equipment owned, licensed, or used by such supplier will not have a Year 2000 Problem. For the purposes of this Section 2.21, "Year 2000 Problem" shall mean any failure of a Computer Device to: (a) store all date-related information and process all data interfaces involving dates in a manner that unambiguously identifies the century, for all date values before, during or after January 1, 2000; (b) calculate, sort, report and otherwise operate correctly and in a consistent manner and without interruption regardless whether the date on which the Computer Device is operated or executed is before, during or after January 1, 2000; 8 report and display all dates with a four-digit date so that the century is unambiguously identified; and (d) handle all leap years, including but not limited to the year 2000 leap year, correctly.
Year 2000 Capability. Xxxxxxxxx represents, warrants and covenants that it (a) is aware of the risks associated with the date change from December 31, 1999 to January 1, 2000; (b) has assessed the related processing capabilities of its computer and other systems (the "Systems", as defined below); (c) has taken, and shall continue to take, if necessary, appropriate steps to prepare its Systems for Year 2000 capability, i.e., to operate in a manner such that on and after January 1, 2000 the Systems will correctly interpret and manipulate all dates, data, information and records, so as to avoid errors in processing or failures to operate properly because of their inability to recognize accurately the Year 2000 or subsequent dates; and (d) is taking or has taken, and shall continue to take, if necessary, appropriate steps to verify that the Systems of its material customers, clients, suppliers and counterparties are able to meet the requirements of the Year 2000 date change. Xxxxxxxxx agrees that, at Mortgagee's request, it will provide Mortgagee with written assurance (with appropriate documentation) of its Year 2000-related Systems capability. The term "Systems" as used herein shall mean all (i) computer hardware, computer software, and data processing systems; (ii) HVAC and other building or facilities systems and equipment containing embedded microchips; and (iii) other information technology-based systems, that, in the case of each of (i), (ii) and (iii) are material to the business operations or financial condition of Mortgagor.
Year 2000 Capability. (a) Each party represents, warrants, and covenants to the other that: (a) it has taken and is taking the necessary and appropriate steps to ascertain the extent of, quantify and address the ability of its computer applications to be Fully Date Capable as of and on each day after the date hereof, including risks resulting from the failures of its vendors and suppliers to be Fully Date Capable; and (b) its material computer applications (including systems, software and hardware required to perform its obligations under this Agreement), and to the best of its knowledge, those of its vendors and suppliers will, on a timely basis, be Fully Date Capable in all material respects; it being understood that Bank makes no representations, warranties or covenants under this Section 12.19 with respect to the services and/or material computer applications provided by JCPenney under the Interim Processing Agreement.
(b) The parties agree to cooperate with each other in sharing results of past tests and compliance status or conducting mutually agreed upon testing relating to the Full Date Capability of systems, hardware and software products utilized in connection with the Program and this Agreement. 12.20 Press Releases or Publicity Statements. Any press release or publicity statement by Bank or JCPenney with regard to the Program shall be as mutually agreed to by Bank and JCPenney.
Year 2000 Capability. To the knowledge of the Company, the software, operations, systems and processes (including, to the knowledge of the Company, software, operations, systems and processes obtained from third parties) which, in whole or in part, are used, operated, relied upon, or integral to, the Company's or any of its Subsidiaries, conduct of their business, are Year 2000 Compliant (as hereinafter defined), except as disclosed in the Company SEC Reports filed and publicly available prior to the date of this Agreement or where the failure to be Year 2000 Compliant would not, individually or in the aggregate, have a Material Adverse Effect. For purposes of this Agreement, "YEAR 2000 COMPLIANT" means the ability to process (including calculate, compare, sequence, display or store), transmit or receive data or data/time data from, into and between the twentieth and twenty-first centuries, and the years 1999 and 2000, and leap year calculations without error or malfunction.
Year 2000 Capability. Section 4.9...........
Year 2000 Capability. (i) Except as set forth in Section 4.8(o) of the Intel Disclosure Schedule, all products included in the Contributed Assets (including products currently under development) have recorded, stored, processed and calculated and presented calendar dates falling on and after December 31, 1999, and will continue to calculate any information dependent on or relating to such dates in the same manner and with the same functionality, data integrity and performance as the products recorded, stored, processed, calculated and presented calendar dates on or before December 31, 1999, or calculated any information dependent on or relating to such dates, except for any failure to satisfy the foregoing the existence of which would not reasonably be expected, individually or in the aggregate, to have a Material Adverse Effect on Intel. Except as set forth in Section 4.8(o) of the Intel Disclosure Schedule, all products included in the Contributed Assets did not lose, and will not lose, any significant functionality with respect to the introduction of records containing dates falling on or after December 31, 1999. Except as set forth on Section 4.8(o) of the Intel Disclosure Schedule, the current versions of the Software and all other Intellectual Property included in the Contributed Assets may be used after December 31, 1999 such that such Software and Intellectual Property will operate after such time period without error caused by date data that represents or references different centuries or more than one century.
(ii) Except as set forth on Section 4.8(o) of the Intel Disclosure Schedule, the products included in the Contributed Assets were not adversely affected by the advent of the year 2000, the advent of the twenty- first century or the transition from the twentieth century through the year 2000 and into the twenty-first century.
Year 2000 Capability. The Borrower shall take all action necessary to assure that the Borrower's computer based systems are able to effectively process data including dates prior to, on and after January 1, 2000. At the request of the Agent or any Bank, the Borrower shall provide the Agent or such Bank, as the case may be, with evidence of the Borrower's year 2000 capability.
Year 2000 Capability. To the knowledge of the Company, the software, operations, systems and processes (including, to the knowledge of the Company, software, operations, systems and processes obtained from third parties) which, in whole or in part, are
