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ARTICLE IV REPRESENTATIONS AND WARRANTIES 4 . 1 Warranty of Performance Consultant warrants to Organization that the software, material and services to be provided and/or rendered will be of the kind and quality referred to in the Consultant manuals and other documentation provided . Organization ' s sole recourse in the event the Software does not conform to the applicable documentation is the repair and replacement of the Software, provided , however that if Consultant fails to repair a material defect or provide a reasonably acceptable work- around within 90 days , Organization shall have the right to recover damages , subject to the limitations on damages as set forth in Article 6 . 1 . The Consultant warrants to the Organization that the Software will perform as described in the applicable documentation if the Software is properly used in accordance with the Consultant ' s instructions . This warranty is void if the Organization or any other third party changes or modifies the Software . Examples of such changes or modifications include , but are not limited to , data modifications from third party software, the de- compiling and modifying of the source code, and tampering with the base set -up of the system . 4 . 2 Intellectual Property Rights The Consultant warrants : ( a) that it has the full right, authority and power to enter into this Agreement and to grant to the Organization the Licenses and rights conveyed by this Agreement ; and (b ) that the Software is an original work of authorship and does not infringe the intellectual property rights of others . 4 .3 Corrections The Consultant covenants that it will make any and all corrections of program malfunctions which are reported in writing to the Consultant during the Warranty Period and which are necessary for the Software to conform to this Agreement . The Organization agrees to allow the Consultant the opportunity to make repeated efforts within a reasonable time to correct programming errors or malfunctions reported to the Consultant during the Warranty Period . Consultant agrees that program malfunctions that result in an inoperable system resulting in a financial impact to the Organization, or inefficient work- around , will be given its highest priority with the problem corrected as soon as practicably possible using its most experienced and knowledgeable resources . The Consultant will strive to have any and all malfunctions resolved within no more two business days . 4A No Other Warranties ( a) The express warranties contained above are in lieu of all other representations , warranties and conditions , express or implied , whether arising by statute or otherwise in law or from a course of dealing, or usage of trade . 14