Common use of Provider Representations and Warranties Clause in Contracts

Provider Representations and Warranties. ‌ Provider warrants (a) that the Subscription will perform materially in accordance with the Documentation and the Agreement; (b) to use best efforts to correct material defects that are reported by Customer or its Representatives, in a timely fashion, as further set forth in the Service Levels (if a malfunction is due to a problem with Customer hardware or software, or with Cloud Service Provider’s services or infrastructure, Provider will so inform Customer and it will be Customer’s responsibility to obtain and pay for any repairs or modifications required for such Customer hardware or software; (c) the Services will be performed in a timely, professional, and workmanlike manner with a level of care, skill, practice, and judgment consistent with commercially reasonable industry standards and practices for similar services, using personnel with the requisite skill, experience, and qualifications, and will devote adequate resources to meet Provider’s obligations under the Agreement; (d) the Documentation will be reasonably updated so that it continues to describe the Subscription and Services in all material respects; and (e) to the best of its knowledge, the Subscription does not contain code whose purpose is to disrupt, damage, or interfere with Customer systems, software, or the Data.

Appears in 1 contract

Sources: Altitude Subscription Agreement

Provider Representations and Warranties. Provider warrants (a) that the Subscription will perform materially in accordance with the Documentation and the Agreement; ; (b) to use best efforts to correct material defects that are reported by Customer or its Representatives, in a timely fashion, as further set forth in the Service Levels (if a malfunction is due to a problem with Customer hardware or software, or with Cloud Service Provider’s services or infrastructure, Provider will so inform Customer and it will be Customer’s responsibility to obtain and pay for any repairs or modifications required for such Customer hardware or software; (c) the Services will be performed in a timely, professional, and workmanlike manner with a level of care, skill, practice, and judgment consistent with commercially reasonable industry standards and practices for similar services, using personnel with the requisite skill, experience, and qualifications, and will devote adequate resources to meet Provider’s obligations under the Agreement; (d) the Documentation will be reasonably updated so that it continues to describe the Subscription and Services in all material respects; and (e) to the best of its knowledge, the Subscription does not contain code whose purpose is to disrupt, damage, or interfere with Customer systems, software, or the Data.

Appears in 1 contract

Sources: Terms and Conditions

Provider Representations and Warranties. ‌ Provider warrants (a) that the Subscription will perform materially in accordance with the Documentation and the Agreement; ; (b) to use best efforts to correct material defects that are reported by Customer or its Representatives, in a timely fashion, as further set forth in the Service Levels (if a malfunction is due to a problem with Customer hardware or software, or with Cloud Service Provider’s services or infrastructure, Provider will so inform Customer and it will be Customer’s responsibility to obtain and pay for any repairs or modifications required for such Customer hardware or software; (c) the Services will be performed in a timely, professional, and workmanlike manner with a level of care, skill, practice, and judgment consistent with commercially reasonable industry standards and practices for similar services, using personnel with the requisite skill, experience, and qualifications, and will devote adequate resources to meet Provider’s obligations under the Agreement; (d) the Documentation will be reasonably updated so that it continues to describe the Subscription and Services in all material respects; and (e) to the best of its knowledge, the Subscription does not contain code whose purpose is to disrupt, damage, or interfere with Customer systems, software, or the Data.

Appears in 1 contract

Sources: Altitude Subscription Agreement