Common use of Material Defect Clause in Contracts

Material Defect. For a consecutive period of twenty-four (24) months prior to the Signing Date no claims have been made against the Company or have been asserted by customers that the MailStore Software suffers from any material defects. The aforementioned term material defect shall mean any defect that (i) severely restricts core functionalities of the MailStore Software without any reasonable available workaround and (ii) is claimed by at least five (5) customers of the Company; any other defect shall be considered as non-material.

Appears in 2 contracts

Sources: Share Purchase Agreement, Share Purchase Agreement (Carbonite Inc)