Common use of EXCEPT FOR THE WARRANTIES Clause in Contracts

EXCEPT FOR THE WARRANTIES. EXPRESSLY STATED AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE DELIVERABLES ARE PROVIDED “AS IS”. THE SUPPLIER AND ITS SUPPLIERS MAKE NO OTHER WARRANTIES AND EXPRESSLY DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. THE SUPPLIER DOES NOT WARRANT THAT (A) THE DELIVERABLES WILL MEET TELUS REQUIREMENTS, (B) USE THEREOF SHALL BE UNINTERRUPTED OR ERROR-FREE, OR (C) THE DELIVERABLES WILL PROTECT AGAINST ALL POSSIBLE THREATS WHETHER KNOWN OR UNKNOWN. 10.1 Without derogating from the obligations of the Supplier in Section 6 -or in the SLA, in the event TELUS determines that a Deliverable fails to materially conform to the Service Requirements, TELUS may notify the Supplier in writing that a condition requiring a workaround exists. Upon receipt of such a notice, the Supplier will, as soon as possible and in any event within five (5) Business Days of such receipt, present to TELUS, a workaround plan to address the non-conformity, for TELUS’ approval, which will not be unreasonably withheld. Following approval by TELUS of such workaround plan, the Supplier will immediately implement the plan and shall take all commercially reasonable measures to prevent recurrence of the failure or non-conformity. Preparation and implementation of the workaround plan will be at the Supplier’s sole cost and expense. During the period that such workaround plan is in effect, the Supplier will use its best efforts to find and implement a permanent solution for the failure to conform to the Service Requirements.