Common use of SYSTEM WARRANTIES Clause in Contracts

SYSTEM WARRANTIES. (a) The Supplier undertakes, warrants and represents to XL that: (i) the System will be suitable for installation at the Sites; (ii) the System will operate in conjunction with the XL Systems and will conform to, and in compliance with, the Specifications, including by having the features, functionality and performance specified therein, and this agreement; (iii) it has reviewed or will have reviewed by the date (if any) specified in the Outline Project Plan the XL Systems for compatibility with the System; (iv) the System will operate in compliance with all applicable Laws and XL Regulatory Obligations; (v) the System will be of merchantable quality, free from defects in design, material and workmanship and fit for any purpose held out by the Supplier or agreed between the Parties; (vi) the Hardware will be new and unused, and not second hand, and capable of running the Software and other elements of the System; (viii) the Software will be free from all viruses and malicious code, howsoever inserted or arising, and all disabling programs and devices; (x) the Documentation will sufficiently describe the Use of the System to enable XL Personnel to Use the System for its intended purpose; and (xi) any Source Code for the Standard Software or XL Specific Software provided to XL, or released to XL pursuant to any escrow agreement, will be sufficient to enable XL and its Personnel to Use, and modify to correct faults in, the version of Software in Use by XL on the date such Software is provided or released. *** This redacted material has been omitted pursuant to a request for confidential treatment, and the material has been filed separately with the SEC. (b) Without limiting any of the Supplier’s other obligations under this agreement, the Supplier must ensure that XL obtains the benefit of any warranties provided by any Third Party manufacturer or supplier of the Software or Hardware.

SYSTEM WARRANTIES. (a) The Supplier undertakes, warrants and represents to XL that: (i) the System will be suitable for installation at the Sites; (ii) the System will operate in conjunction with the XL Systems and will conform to, and in compliance with, the Specifications, including by having the features, functionality and performance specified therein, and this agreement; (iii) it has reviewed or will have reviewed by the date (if any) specified in the Outline Project Plan the XL Systems for compatibility with the System; (iv) the System will operate in compliance with all applicable Laws and XL Regulatory Obligations; (v) the System will be of merchantable quality, free from defects in design, material and workmanship and fit for any purpose held out by the Supplier or agreed between the Parties; (vi) the Hardware will be new and unused, and not second hand, and capable of running the Software and other elements of the System; (viii) the Software will be free from all viruses and malicious code, howsoever inserted or arising, and all disabling programs and devices; (x) the Documentation will sufficiently describe the Use of the System to enable XL Personnel to Use the System for its intended purpose; and (xi) any Source Code for the Standard Software or XL Specific Software provided to XL, or released to XL pursuant to any escrow agreement, will be sufficient to enable XL and its Personnel to Use, and modify to correct faults in, the version of Software in Use by XL on the date such Software is provided or released. *** This redacted material has been omitted pursuant to a request for confidential treatment, and the material has been filed separately with the SEC. (b) Without limiting any of the Supplier’s other obligations under this agreement, the Supplier must ensure that XL obtains the benefit of any warranties provided by any Third Party manufacturer or supplier of the Software or Hardware.