Common use of Deliverables Warranty Clause in Contracts

Deliverables Warranty. (1) With respect to each Deliverable, Cognizant warrants for a period of 30 days following delivery of the such Deliverable (the "Warranty Period") that the Deliverable will materially conform to the corresponding specifications for such Deliverable that are set forth in the applicable Statement of Work. (2) In the event that any Deliverable fails to conform to the foregoing warranty in any material respect, the sole and exclusive remedy of ▇▇▇▇▇▇▇ will be for Cognizant, at its expense, to promptly use commercially reasonable efforts to cure or correct such failure. The foregoing warranty is expressly conditioned on (i) ▇▇▇▇▇▇▇ providing Cognizant with prompt written notice of any claim thereunder prior to the expiration of the applicable Warranty Period, which notice must identify with particularity the non-conformity; (ii) ▇▇▇▇▇▇▇'▇ full cooperation with Cognizant in all reasonable respects relating thereto, including, in the case of software, assisting Cognizant to locate and reproduce the non- 4830-2082-6212v.8 207239136_2 LAW conformity; and (iii) with respect to any Deliverable, the absence of any alteration or other modification of such Deliverable by any person or entity other than Cognizant or a Cognizant Subcontractor. (3) This Section 18.2.2 (Deliverables Warranty) shall not apply with respect to a Service subject to a Service Level or any Deliverable if the Services associated with the Deliverable are included in the calculation of a Service Level.

Appears in 2 contracts

Sources: Master Services Agreement (Talcott Resolution Life Insurance Co Separate Account Three), Master Services Agreement (Talcott Resolution Life & Annuity Insurance Co Separate Account Seven)