12-746
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12-746. Affirmative defense; compliance testing; definition A. It is an affirmative defense to a year 2000 date failure if all of the following apply: 1. The defendant or a governmental entity conducted a reasonable examination of the defendant's product, equipment or service to determine if it would manifest a year 2000 date failure. 2. If the examination revealed a year 2000 date failure, the defendant in good faith repaired, replaced, upgraded or updated the product, equipment or service or a component of the product, equipment or service that the defendant reasonably believed to be necessary. 3. The defendant tested the product, equipment or service or a component of the product, equipment or service after making any necessary repairs, replacements, upgrades or updates of the product, equipment or service or any component of the product, equipment or service to determine if it would continue to manifest a year 2000 date failure. 4. The product, equipment or service successfully passed any necessary test that was performed by the defendant pursuant to paragraph 3. B. For the purposes of this section, "defendant" includes the defendant, an agent of the defendant or a governmental agency or instrumentality. |