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.
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