Common use of Warranties and Remedies Clause in Contracts

Warranties and Remedies. 6.1 Limitation and Disclaimer of Warranties EXCEPT AS OTHERWISE SPECIFICALLY SET FORTH IN THIS ARTICLE 6. EXELON MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE ON-SITE OPERATING SERVICES OR EXELON MANAGEMENT MODEL AND EXPERTISE PROVIDED UNDER THIS AGREEMENT. SPECIFICALLY, EXELON MAKES NO IMPLIED WARRANTY OF MERCHANTABILITY OR OF THE FITNESS FOR A PARTICULAR PURPOSE FOR THE ON-SITE OPERATING SERVICES, OR EXELON MANAGEMENT MODEL AND EXPERTISE PROVIDED UNDER THIS AGREEMENT. 6.2 Warranty and Remedy as to On-Site Operating Services Exelon shall perform On-Site Operating Services provided under this Agreement in a professional, diligent, timely, and thorough manner, consistent with prudent practice in the nuclear industry, applicable industry codes and standards, and all applicable regulations, orders and license conditions. If any such services performed by Exelon fail to conform to this standard, PS, at its option, shall request that Exelon either correct or reperform the deficient services at Exelon’s cost, or compensate PS for the reasonable cost incurred in connection with procuring replacement services to correct or reperform the deficient services. Subject to the provisions of Article 11, this shall be the sole remedy available to PS for deficient services, regardless of whether any claims are based upon negligence, breach of warranty, tort strict liability, and any other legal theory. 6.3 Limited Warranty as to Additional Services As to Additional Services provided to assist PS, Exelon warrants that such Additional Services will be performed by competent personnel and in accordance with prudent practice in the nuclear industry, applicable industry codes and standards and all applicable regulations, orders and license conditions. PS’s sole and exclusive remedy in the event of breach of this warranty, shall be to require Exelon to reperform the Additional Services in a manner that confirms to the warranty; provided, however, that in order to require such reperformance, PS must within one year of the completion of performance of such Additional Services provide Exelon Notice that its performance is claimed to be nonconforming.

Warranties and Remedies. 6.1 Limitation Goods are warranted, to the original purchaser for use, to be free of defects in material and Disclaimer of Warranties EXCEPT AS OTHERWISE SPECIFICALLY SET FORTH IN THIS ARTICLE 6. EXELON MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE ON-SITE OPERATING SERVICES OR EXELON MANAGEMENT MODEL AND EXPERTISE PROVIDED UNDER THIS AGREEMENT. SPECIFICALLY, EXELON MAKES NO IMPLIED WARRANTY OF MERCHANTABILITY OR OF THE FITNESS FOR A PARTICULAR PURPOSE FOR THE ON-SITE OPERATING SERVICES, OR EXELON MANAGEMENT MODEL AND EXPERTISE PROVIDED UNDER THIS AGREEMENT. 6.2 Warranty and Remedy workmanship within such tolerances as to On-Site Operating Services Exelon shall perform On-Site Operating Services provided under this Agreement in a professional, diligent, timely, and thorough manner, consistent with prudent practice may be customary in the nuclear industry, applicable industry codes and standards, and all applicable regulations, orders and license conditionsfor a period of one year from the date of shipment. If any such services performed by Exelon fail to conform to this standard, PSForte, at its option, shall request that Exelon either correct will repair or reperform the deficient services at Exelon’s costreplace, or compensate PS refund the purchase price of any machine or part which fails within the warranty period and is found upon examination by Forte to be defective in material or workmanship, or both. This warranty does not cover failures attributable to improper use or maintenance, exceeding rated capacity, alteration, accident, normal wear of moving parts, or damages caused by shipment. Computer software, accessories, controls, hydraulics, and other components not manufactured by Forte are excluded from this warranty. For services on such parts, refer to applicable manufacturer's warranty. Purchaser must give written notice to Forte at the address shown below of any warranty claim within thirty days after failure, and if so instructed, return to Fore the parts to be replaced or repaired, with all transportation charges prepaid by Purchaser. Replacement parts will be invoiced to Purchaser, with credit issued for the reasonable cost incurred in connection with procuring parts covered by this warranty and freight thereon. Removal and reinstallation of replacement services to correct or reperform the deficient services. Subject to the provisions of Article 11, this parts shall be the sole remedy available to PS at Purchaser's expense. Support for deficient services, regardless of whether any claims are based upon negligence, breach of warranty, tort strict liability, and any other legal theory. 6.3 Limited Warranty as to Additional Services As to Additional Services provided to assist PS, Exelon warrants that such Additional Services non-warranty issues will be performed paid by competent personnel and in accordance with prudent practice in Purchaser at Forte's service rates as of the nuclear industry, applicable industry codes and standards and all applicable regulations, orders and license conditions. PS’s sole and exclusive remedy in the event of breach of this warranty, shall be to require Exelon to reperform the Additional Services in a manner that confirms to the warranty; date service is provided, howeverincluding reasonable travel-related expenses. THERE IS NO OTHER EXPRESS WARRANTY. ANY AND ALL IMPLIED WARRANTIES, that in order to require such reperformanceINCLUDING MERCHANTABILITY AND FITNESS FOR PARTICULAR PURPOSE, PS must within one year of the completion of performance of such Additional Services provide Exelon Notice that its performance is claimed to be nonconformingARE HEREBY SPECIFICALLY DISCLAIMED AND EXCLUDED BY FORTE. INCIDENTAL AND CONSEQUENTIAL DAMAGES ARE EXPRESSLY EXCLUDED FROM THE REMEDIES AVAILABLE TO PURCHASER, AND THE REMEDIES PROVIDED IN THIS WARRANTY SHALL BE EXCLUSIVE.

Warranties and Remedies. 6.1 Limitation FTCAP warrants that all Goods will comply with their specification for a period of twelve (12) months from the delivery date unless indicated otherwise in FTCAP’s offer (“Warranty Period”). Notwithstanding the foregoing, FTCAP’s warranty for any tools, accessories or goods, which are not manufactured by FTCAP but sold by FTCAP in connection with the provision of the Goods or Services hereunder, shall not exceed the terms and Disclaimer period of Warranties EXCEPT AS OTHERWISE SPECIFICALLY warranty granted by its suppliers or manufacturers to FTCAP. FTCAP warrants to Buyer that it shall perform the Services using personnel of required skill, experience and qualifications in accordance with generally recognized industry standards for similar services. 6.2 The warranties set forth in Section 6.1 do not apply to and FTCAP makes no representations or warranty whatsoever with respect to defects caused by: (i) wear and tear, (ii) improper transportation, handling, storage, (iii) maintenance not operated as per recommendation or instructions provided by FTCAP, or by skilled personal, (iv) installation by Buyer of the Goods not in compliance with instructions provided by FTCAP, (v) Goods operated beyond their performance rates as per agreed specifications, or (vi) any repair or replacement of a part of the Goods by Buyer or a third party, without FTCAP’s prior written authorization (“Warranty Exclusions”). 6.3 The warranties set forth in Section 6.1 apply provided that (a) FTCAP is notified in writing by Buyer within thirty (30) days after discovery of defects; (b) at FTCAP’s option, either Buyer returns the defective Goods to FTCAP at Buyer’s expense, or provides FTCAP with access to the Goods on Buyer’s site as stated in Section 6.4; and (c) FTCAP’s examination of such Goods shall disclose that such defects or failures have not been caused by any of the Warranty Exclusions. 6.4 FTCAP’s sole and maximum liability for breach of the warranty stated in Section 6.1 is limited to the obligation, at FTCAP’s sole discretion, to repair, replace or reimburse Buyer for the purchase price of any Goods or Services delivered hereunder which is found by FTCAP to be defective under the terms of these warranties, including costs of disassembly and reassembly works. 6.5 TO THE EXTENT PERMITTED BY APPLICABLE LAW, SECTION 6.4 SETS FORTH FTCAP’S ENTIRE LIABILITY AND BUYER’S SOLE AND EXCLUSIVE REMEDIES FOR ANY BREACH OF THE WARRANTIES SET FORTH IN SECTION 6.1, AND BUYER WAIVES ALL OTHER REMEDIES, STATUTORY OR OTHERWISE. FTCAP’S OBLIGATION TO HONOR THE WARRANTY HEREIN IS CONTINGENT UPON FTCAP’S RECEIPT OF PAYMENT IN FULL FOR THE GOODS OR SERVICES ENTITLED TO THIS ARTICLE 6. EXELON WARRANTY. 6.6 EXCEPT FOR THE WARRANTIES SET FORTH IN SECTION 6.1, FTCAP MAKES NO WARRANTIES, EITHER EXPRESS OR IMPLIED, AS INCLUDING BUT NOT LIMITED TO THE ON-SITE OPERATING SERVICES OR EXELON MANAGEMENT MODEL AND EXPERTISE PROVIDED UNDER THIS AGREEMENT. SPECIFICALLY, EXELON MAKES NO IMPLIED ANY WARRANTY OF MERCHANTABILITY MERCHANTABILITY, NON-INFRINGEMENT, SATISFACTORY QUALITY, ACCURACY, OR OF THE FITNESS FOR A PARTICULAR PURPOSE FOR THE ON-SITE OPERATING SERVICESPURPOSE, OR EXELON MANAGEMENT MODEL AND EXPERTISE PROVIDED UNDER THIS AGREEMENTANY EXPRESS OR IMPLIED WARRANTY ARISING OUT OF TRADE USAGE OR OUT OF A COURSE OF DEALING OR COURSE OF PERFORMANCE. 6.2 Warranty and Remedy as to On-Site Operating Services Exelon shall perform On-Site Operating Services provided under this Agreement in a professional, diligent, timely, and thorough manner, consistent with prudent practice in the nuclear industry, applicable industry codes and standards, and all applicable regulations, orders and license conditions. If any such services performed by Exelon fail to conform to this standard, PS, at its option, shall request that Exelon either correct or reperform the deficient services at Exelon’s cost, or compensate PS for the reasonable cost incurred in connection with procuring replacement services to correct or reperform the deficient services. Subject to the provisions of Article 11, this shall be the sole remedy available to PS for deficient services, regardless of whether any claims are based upon negligence, breach of warranty, tort strict liability, and any other legal theory. 6.3 Limited Warranty as to Additional Services As to Additional Services provided to assist PS, Exelon warrants that such Additional Services will be performed by competent personnel and in accordance with prudent practice in the nuclear industry, applicable industry codes and standards and all applicable regulations, orders and license conditions. PS’s sole and exclusive remedy in the event of breach of this warranty, shall be to require Exelon to reperform the Additional Services in a manner that confirms to the warranty; provided, however, that in order to require such reperformance, PS must within one year of the completion of performance of such Additional Services provide Exelon Notice that its performance is claimed to be nonconforming.

Warranties and Remedies. 6.1 Limitation a. VITALITY warrants Deliverable functionality substantially as defined in the applicable Proposal for a period of 365 days following final delivery. b. VITALITY warrants that with respect to any Deliverable assigned by VITALITY to CUSTOMER that VITALITY has the right to transfer title to CUSTOMER. c. VITALITY further warrants that to its knowledge the Deliverables do not infringe any intellectual property right held by a third party. d. CUSTOMER’s sole and Disclaimer exclusive remedy and VITALITY’s only obligation for breach of Warranties EXCEPT AS OTHERWISE SPECIFICALLY SET FORTH IN THIS ARTICLE 6the warranty hereunder will be, at VITALITY’s option, to correct any material errors in provision of Services or to replace or repair Deliverables which do not conform to the warranty. EXELON MAKES NO WARRANTIESIn order for CUSTOMER to exercise this remedy, CUSTOMER must give VITALITY written notice of such nonconformity within the warranty period, and VITALITY must determine that any nonconformity did not arise due to any cause specified below. VITALITY shall be given free and full access to deliverables to make corrections, and CUSTOMER shall promptly inform VITALITY of any changes in the location of Deliverables during the warranty period. If this remedy is adjudged to have failed of its essential purpose, VITALITY’s total liability will be to refund the price paid to VITALITY by CUSTOMER for the nonconforming Deliverables. The remedy provided by VITALITY for breach of warranty does not include the following, which may be provided, at VITALITY’s sole option, at VITALITY’s then-current time and materials rates: 1. Repair of damage to Deliverables caused by CUSTOMER during unpacking. 2. Repair of damage caused by events beyond VITALITY’s reasonable control. 3. Repair of damage caused by CUSTOMER’s improper installation, relocation, or rearrangement of Deliverables. e. Except for the warranties stated in this Section, VITALITY DISCLAIMS ALL OTHER WARRANTIES WITH RESPECT TO THE SERVICES AND DELIVERABLES, EXPRESS OR IMPLIED, AS ARISING BY OPERATION OF LAW, COURSE OF DEALING, USAGE OF TRADE OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE ON-SITE OPERATING SERVICES OR EXELON MANAGEMENT MODEL AND EXPERTISE PROVIDED UNDER THIS AGREEMENT. SPECIFICALLY, EXELON MAKES NO IMPLIED WARRANTY WARRANTIES OF MERCHANTABILITY OR OF THE AND FITNESS FOR A PARTICULAR PURPOSE FOR THE ONAND WARRANTIES AGAINST NON-SITE OPERATING SERVICES, OR EXELON MANAGEMENT MODEL AND EXPERTISE PROVIDED UNDER THIS AGREEMENT. 6.2 Warranty and Remedy as to OnINFRINGEMENT. VITALITY expressly does not warrant that the operation of Deliverables which are software shall be uninterrupted or error-Site Operating Services Exelon shall perform On-Site Operating Services provided under this Agreement in a professional, diligent, timely, and thorough manner, consistent with prudent practice in the nuclear industry, applicable industry codes and standards, and all applicable regulations, orders and license conditions. If free; or that Deliverables will operate on any such services performed by Exelon fail to conform to this standard, PS, at its option, shall request that Exelon either correct or reperform the deficient services at Exelon’s costsystem, or compensate PS for with any software, other than the reasonable cost incurred in connection system with procuring replacement services to correct which the VITALITY tested such Deliverables. VITALITY does not warrant any third-party software development tools. VITALITY specifically does not warrant the accuracy of any technical or reperform subject matter content of the deficient services. Subject to the provisions of Article 11, this shall be the sole remedy available to PS for deficient services, regardless of whether any claims are courseware or software that is based upon negligence, breach of warranty, tort strict liability, and any other legal theoryinformation or direction provided by CUSTOMER. 6.3 Limited Warranty as to Additional Services As to Additional Services provided to assist PS, Exelon warrants that such Additional Services will be performed by competent personnel and in accordance with prudent practice in the nuclear industry, applicable industry codes and standards and all applicable regulations, orders and license conditions. PS’s sole and exclusive remedy in the event of breach of this warranty, shall be to require Exelon to reperform the Additional Services in a manner that confirms to the warranty; provided, however, that in order to require such reperformance, PS must within one year of the completion of performance of such Additional Services provide Exelon Notice that its performance is claimed to be nonconforming.

Warranties and Remedies. 6.1 Limitation 5.1 Vitria warrants that (a) Vitria shall have and Disclaimer maintain the requisite technical knowledge, skills, abilities, licenses and qualifications to provide the Professional Services, (b) Vitria shall comply with all applicable local, state and federal ordinances, laws and regulations in providing the Professional Services, (c) all Services to be performed hereunder will be performed in good faith and in a good, professional, workmanlike, competent and timely manner, in conformity with all applicable standards and the requirements of Warranties EXCEPT AS OTHERWISE SPECIFICALLY SET FORTH the Agreement and, as applicable, the respective Statements of Work, and (d) Vitria’s performance of Services does not and will not violate the terms and conditions of any other contract or obligation of Vitria. This warranty shall be valid for ninety (90) days from completion of Professional Services set forth in a Statement of Work (“Services Warranty Period”). In the event that, during the Services Warranty Period, Client discovers that any Professional Services do not conform to the warranty set forth in this paragraph, Client shall promptly notify Vitria in writing of such nonconformance, and Vitria shall, at Client’ option and at Vitria’s sole cost and expense, promptly either (i) re-perform such Professional Services in conformance with such warranty, or (ii) refund to Client the fees paid for such deficient Professional Services. 5.2 DISCLAIMERS. THE EXPRESS WARRANTIES IN THIS ARTICLE 6. EXELON MAKES NO AGREEMENT ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR AND VITRIA AND ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED, AS TO OR STATUTORY, REGARDING THE ON-SITE OPERATING SERVICES OR EXELON MANAGEMENT MODEL PRODUCTS AND EXPERTISE PROVIDED UNDER THIS AGREEMENT. SPECIFICALLYDOCUMENTATION AND SERVICES, EXELON MAKES NO IMPLIED WARRANTY INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR OF THE AND FITNESS FOR A PARTICULAR PURPOSE FOR PURPOSE. EXCEPT AS PROVIDED IN THIS AGREEMENT, ALL SERVICES HEREUNDER ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY WHATSOEVER. CLIENT RECOGNIZES THAT THE ON-SITE OPERATING SERVICES“AS IS” CLAUSE OF THIS AGREEMENT IS AN IMPORTANT PART OF THE BASIS OF THIS AGREEMENT, OR EXELON MANAGEMENT MODEL AND EXPERTISE PROVIDED UNDER WITHOUT WHICH VITRIA WOULD NOT HAVE AGREED TO ENTER INTO THIS AGREEMENT. CLIENT ACKNOWLEDGES THAT IT HAS RELIED ON NO WARRANTIES OTHER THAN THE EXPRESS WARRANTIES IN THIS AGREEMENT. 6.2 Warranty and Remedy as to On-Site Operating Services Exelon shall perform On-Site Operating Services provided under this Agreement in a professional, diligent, timely, and thorough manner, consistent with prudent practice in the nuclear industry, applicable industry codes and standards, and all applicable regulations, orders and license conditions. If any such services performed by Exelon fail to conform to this standard, PS, at its option, shall request that Exelon either correct or reperform the deficient services at Exelon’s cost, or compensate PS for the reasonable cost incurred in connection with procuring replacement services to correct or reperform the deficient services. Subject to the provisions of Article 11, this shall be the sole remedy available to PS for deficient services, regardless of whether any claims are based upon negligence, breach of warranty, tort strict liability, and any other legal theory. 6.3 Limited Warranty as to Additional Services As to Additional Services provided to assist PS, Exelon warrants that such Additional Services will be performed by competent personnel and in accordance with prudent practice in the nuclear industry, applicable industry codes and standards and all applicable regulations, orders and license conditions. PS’s sole and exclusive remedy in the event of breach of this warranty, shall be to require Exelon to reperform the Additional Services in a manner that confirms to the warranty; provided, however, that in order to require such reperformance, PS must within one year of the completion of performance of such Additional Services provide Exelon Notice that its performance is claimed to be nonconforming.