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Legal text for SACC item
1. The Supplier warrants that all hardware, software and/or firmware
products delivered or developed:
(a) individually, or
(b) in combination as an integrated system
under the Contract or Prime Contract shall meet or operate in
accordance with the contractual requirement (as evidenced during
acceptance tests, as applicable) so as to accurately and
automatically process any and all date and date-related data
including, but not limited to calculating, comparing, and sequencing
of such data from, into and between the twentieth and twenty-first
centuries, including leap year calculations when used in accordance
with the documentation provided by the Supplier.
2. To the extent that services are to be provided or products delivered
under the Contract or Prime Contract,
(a) all deliverables and
(b) any hardware, software and firmware products which may be
utilize by the Supplier to perform the services or
manufacture the products
shall perform in such a manner as to comply with the contractual
delivery schedule(s) and/or meet the contractual requirement (as
evidenced during acceptance tests, as applicable) of accurately and
automatically processing any and all date and date-related data
including, but not limited to calculating, comparing, and sequencing
of such data from, into and between the twentieth and twenty-
first centuries, including leap year calculations when used in accordance
with the documentation provided by the Supplier, provided that all hardware,
software and firmware products used with the deliverables and not provided
by the Supplier or its subcontractor(s) properly exchange accurate date and
date-related data with them.
3. To that end, the Supplier also warrants that date-related processing
will not, in any way, prevent hardware, software or firmware
(a) utilized by the Supplier to perform the services or
manufacture the products from operating in any manner so as
to prevent the Supplier from complying with the contractual
delivery schedule(s) of the Contract or Prime Contract and/or
(b) from conforming to the requirements of the Contract or Prime
Contract prior to, during, or after the year 2000.
Canadian Commercial Corporation may, at no additional cost, require
the Supplier, at time of acceptance under the Contract or Prime
Contract, to demonstrate compliance and/or compliance techniques and
test procedures it intends to follow in order to comply with all of
the obligations contained herein.
4. The obligations contained herein apply to the products or services
delivered or provided by the Supplier and its subcontractor(s)
involved in the performance of the Contract and the Prime Contract.
5. The warranties contained herein are separate and discrete from any
other warranties specified in the Contract and the Prime Contract,
and are not subject to any disclaimer of warranty which may be
specified in the Contract or Prime Contract, their appendices,
schedules, annexes or any document incorporated in the Contract or
the Prime Contract by reference. The warranties contained herein are
subject to the limitations set out in Section 7 hereof.
6. The warranties contained herein shall not apply where a modification
has been made to a deliverable provided under the Contract or Prime
Contract by a party other than the Supplier or a subcontractor or a
party approved in writing by either of them.
7. The warranties contained herein shall have a term extending either:
(a) to June 30, 2000,
(b) for a period of six months following acceptance of the
hardware, software and/or firmware, or
(c) for a period equal to the term of the Contract or Prime
Contract,
whichever is the later date.