Common use of Class Changes Clause in Contracts

Class Changes. (a) After Corvis Equipment has been shipped to Customer, if Corvis issues a Class A Change or Class B Change, or where modification to correct an error in Documentation is to be introduced, Corvis will promptly notify Customer of such change ("Change Notification"). Corvis will promptly provide, or cause the respective manufacturer to provide, to Customer any changes comparable to Class A and Class B Changes to the extent they are made available by manufacturers with respect to Vendor Items sold to Customer by Corvis. (b) Corvis will, at its expense, furnish the parts and documentation necessary for Customer to implement such Class A Change if it is issued within the Supported Period for the applicable Product. (c) In any of the instances above, if Corvis determines that the Equipment or part thereof subject to such change is readily returnable (e.g. plug-in items), Customer, at its expense, will remove and will return such Equipment or part to Corvis' facility and Corvis, at its expense, will implement such change at its facility and return such changed Equipment or part to Customer's designated location. Reinstallation will be performed by Customer at its expense. (d) Corvis' undertaking under this Section 14 with respect to Vendor Items is limited to the extent changes comparable to Class A Changes are provided by the respective manufacturers of Vendor Items. (e) If Customer does not make or permit Corvis to make a Class A Change Notification within one (1) year after the date of the related Change Notification, or a Class B Change within two (2) years after the date of the related Change Notification, subsequent changes, repairs, or replacements affected by the failure to make such change may, at Corvis' option, be billed to Customer whether or not such subsequent change, repair, or replacement is covered under warranty. (f) If Corvis or any applicable manufacturer of a Vendor Item issues a Class B Change (or comparable change in the case of such manufacturer) after Equipment has been shipped to Customer, Corvis will promptly notify Customer of such change if it is being generally offered to Corvis' customers. When a Class B Change is requested by Customer, billing will be at Corvis' applicable prices or the respective manufacturer's then current prices to Corvis, as the case may be. Notwithstanding the above, there will be no charge for any Class B Change (or, in the case of a Vendor Item, a comparable change) if such change is included in the Maintenance or Support Services then in effect pursuant to the terms of this Agreement.

Class Changes. (a) After Corvis Equipment Product(s) has been shipped to CustomerQwest, if Corvis issues a Class A Change or Class B Change, or where modification to correct an error in Documentation is to be introduced, Corvis will promptly notify Customer Qwest of such change through Corvis' designated notification procedure ("Change ------ Notification"). Corvis will promptly provide, or cause the respective ------------ manufacturer to provide, to Customer Qwest any changes comparable to Class A and Class B Changes (to the extent they are made available by manufacturers with respect to Vendor Items sold to Customer Qwest by Corvis); it being understood that the respective manufacturers of the Vendor Items may not provide such changes for the same period of time for which Corvis is obligated to provide Class A and Class B changes. (b) Corvis will, at its expense, furnish the parts and documentation necessary for Customer Qwest to implement such Class A Change if it is issued within the Supported Period Warranty or Maintenance Periods for the applicable Product. (c) In any of the instances above, if Corvis determines that the Equipment or part thereof subject to such change is readily returnable (e.g. plug-in items), CustomerQwest, at its expense, will remove and will return such Equipment or part to Corvis' facility and 20 Corvis, at its expense, will implement such change at its facility and return such changed Equipment or part to CustomerQwest's designated location. Reinstallation will be performed by Customer Corvis' at its expense. (d) Corvis' undertaking under this Section 14 Article 11 with respect to Vendor Items is limited to the extent changes comparable to Class A Changes are provided by the respective manufacturers of Vendor Items. (e) If Customer Qwest does not make or permit Corvis to make a Class A Change Notification within one (1) year after the date of the related Change Notification, or a Class B Change within two (2) years after the date of the related Change Notification, subsequent changes, repairs, repairs or replacements affected by the failure to make such change may, at Corvis' option, be billed to Customer Qwest whether or not such subsequent change, repair, or replacement is covered under warranty. (f) If Corvis or any applicable manufacturer of a Vendor Item issues a Class B Change (or comparable change in the case of such manufacturer) after Equipment such Product has been shipped to CustomerQwest, Corvis will promptly notify Customer Qwest of such change if it is being generally offered to Corvis' customers. When a Class B Change is requested by CustomerQwest, billing will be at Corvis' applicable prices or the respective manufacturer's then then-current prices to Corvis, as the case may be, less any volume discount that may have been mutually agreed upon by the parties. Notwithstanding the above, there will be no charge for any Class B Change (or, in the case of a Vendor Item, a comparable change) if such change Change is included in the Maintenance or Support Services then in effect pursuant to the terms of this Agreement.

Class Changes. (a) After Corvis Equipment has been shipped to Customer, if Corvis issues a Class A Change or Class B Change, or where modification to correct an error in Documentation is to be introduced, Corvis will promptly notify Customer of such change through Corvis' designated notification procedure ("Change Notification"). Corvis will promptly provide, or cause the respective manufacturer to provide, to Customer any changes comparable to Class A and Class B Changes to the extent they are made available by manufacturers with respect to Vendor Items sold to Customer by Corvis; it being understood that the respective manufacturers of the Vendor Items may not provide such changes for the same period of time for which Corvis is obligated to provide Class A and Class B changes. (b) Corvis will, at its expense, furnish the parts and documentation necessary for Customer to implement such Class A Change if it is issued within the Supported Period Product Life for the applicable Product. (c) In any of the instances above, if Corvis determines that the Equipment or part thereof subject to such change is readily returnable (e.g. plug-in items), Customer, at its expense, will remove and will return such Equipment or part to Corvis' facility and Corvis, at its expense, will implement such change at its facility and return such changed Equipment or part to Customer's designated location. Reinstallation will be performed by Customer at its expense. (d) Corvis' undertaking under this Section 14 with respect to Vendor Items is limited to the extent changes comparable to Class A Changes are provided by the respective manufacturers of Vendor Items. (e) If Customer does not make or permit Corvis to make a Class A Change Notification within one (1) year after the date of the related Change Notification, or a Class B Change within two (2) years after the date of the related Change Notification, subsequent changes, repairs, or replacements affected by the failure to make such change may, at Corvis' option, be billed to Customer whether or not such subsequent change, repair, or replacement is covered under warranty. (f) If Corvis or any applicable manufacturer of a Vendor Item issues a Class B Change (or comparable change in the case of such manufacturer) after Equipment has been shipped to Customer, Corvis will promptly notify Customer of such change if it is being generally offered to Corvis' customers. When a Class B Change is requested by Customer, billing will be at Corvis' applicable prices or the respective manufacturer's then current prices to Corvis, as the case may be. Notwithstanding the above, there will be no charge for any Class B Change (or, in the case of a Vendor Item, a comparable change) if such change is included in the Maintenance or Support Services then in effect pursuant to the terms of this Agreement.

Class Changes. (a) After Corvis Calypso Equipment has been shipped to Customer, if Corvis Calypso issues a Class A Change or Class B Change, or where modification to correct an error in Documentation is to be introduced, Corvis Calypso will promptly notify Customer of such change through Calypso's designated notification procedure ("Change Notification"). Corvis Calypso will -------------------- A. promptly provide, or cause the respective manufacturer to provide, to Customer any changes comparable to Class A and Class B Changes to the extent they are made available by manufacturers with respect to Vendor Items sold to Customer by CorvisCalypso; it being understood that the respective manufacturers of the Vendor Items may not provide such changes for the same period of time for which Calypso is obligated to provide Class A and Class B changes. (b) Corvis Calypso will, at its expense, furnish the parts and documentation necessary for Customer to implement such Class A Change if it is issued within the Supported Period Product Life for the applicable Product. (c) In any of the instances above, if Corvis Calypso determines that the Equipment or part thereof subject to such change is readily returnable (e.g. plug-in items), Customer, at its expense, will remove and will return such Equipment or part to Corvis' Calypso's facility and CorvisCalypso, at its expense, will implement such change at its facility and return such changed Equipment or part to Customer's designated location. Reinstallation will be performed by Customer at its expense. (d) Corvis' Calypso's undertaking under this Section 14 Article 11 with respect to Vendor Items is limited to the extent changes comparable to Class A Changes are provided by the respective manufacturers of Vendor Items. (e) If Customer does not make or permit Corvis Calypso to make a Class A Change Notification within one (1) year after alter the date of the related Change Notification, or a Class B Change within two (2) years after alter the date of the related Change Notification, subsequent changes, repairs, or replacements affected by the failure to make such change may, at Corvis' Calypso's option, be billed to Customer whether or not such subsequent change, repair, or replacement is covered under warranty. (f) If Corvis Calypso or any applicable manufacturer of a Vendor Item issues a Class B Change (or comparable change in the case of such manufacturer) after Equipment has been shipped to Customer, Corvis Calypso will promptly notify Customer of if such change if it is being generally offered to Corvis' Calypso's customers. When a Class B Change is requested by Customer, billing will be at Corvis' Calypso's applicable prices or the respective manufacturer's then current prices to Corvis, Calypso as the case may be. Notwithstanding the above, there will be no charge for any Class B Change (or, in the case of a Vendor Item, a comparable change) if such change is included in the Maintenance or Support Services then in effect pursuant to the terms of this Agreement.

Class Changes. (a) After Corvis Equipment Product(s) has been shipped to CustomerQwest, if Corvis issues a Class A Change or Class B Change, or where modification to correct an error in Documentation is to be introduced, Corvis will promptly notify Customer Qwest of such change through Corvis' designated notification procedure ("Change Notification"). Corvis will promptly provide, or cause the ------------------- respective manufacturer to provide, to Customer Qwest any changes comparable to Class A and Class B Changes (to the extent they are made available by manufacturers with respect to Vendor Items sold to Customer Qwest by Corvis); it being understood that the respective manufacturers of the Vendor Items may not provide such changes for the same period of time for which Corvis is obligated to provide Class A and Class B changes. (b) Corvis will, at its expense[*], furnish the parts and documentation necessary for Customer Qwest to implement such Class A Change if it is issued within the Supported Period Warranty or Maintenance Periods for the applicable Product. (c) In any of the instances above, if Corvis determines that the Equipment or part thereof subject to such change is readily returnable (e.g. plug-in items), CustomerQwest, at its expense, will remove and will return such Equipment or part to Corvis' facility and Corvis, at its expense[*], will implement such change at its facility and return such changed Equipment or part to CustomerQwest's designated location. Reinstallation will be performed by Customer at its expenseCorvis' [*]. (d) Corvis' undertaking under this Section 14 Article 11 with respect to Vendor Items is limited to the extent changes comparable to Class A Changes are provided by the respective manufacturers of Vendor Items. Confidential materials omitted and filed separately with the Securities and Exchange Commission. Asterisks denote omissions. (e) If Customer Qwest does not make or permit Corvis to make a Class A Change Notification within one (1) year after the date of the related Change Notification, or a Class B Change within two (2) years [*] after the date of the related Change Notification, subsequent changes, repairs, repairs or replacements affected by the failure to make such change may, at Corvis' option, be billed to Customer Qwest whether or not such subsequent change, repair, or replacement is covered under warranty. (f) If Corvis or any applicable manufacturer of a Vendor Item issues a Class B Change (or comparable change in the case of such manufacturer) after Equipment such Product has been shipped to CustomerQwest, Corvis will promptly notify Customer Qwest of such change if it is being generally offered to Corvis' customers. When a Class B Change is requested by CustomerQwest, billing will be at Corvis' applicable prices or the respective manufacturer's then then-current prices to Corvis, as the case may be, [*]. Notwithstanding the above, there will be no charge [*] for any Class B Change (or, in the case of a Vendor Item, a comparable change) if such change Change is included in the Maintenance or Support Services then in effect pursuant to the terms of this Agreement.

Class Changes. (a) After Corvis Equipment has been shipped to Customer, if Corvis issues a Class A Change or Class B Change, or where modification to correct an error in Confidential materials omitted and filed separately with the Securities and Exchange Commission. Asterisks denote omissions. Documentation is to be introduced, Corvis will promptly notify Customer of such change through Corvis' designated notification procedure ("Change Notification"). Corvis will promptly provide, or cause the respective manufacturer to provide, to Customer any changes comparable to Class A and Class B Changes to the extent they are made available by manufacturers with respect to Vendor Items sold to Customer by Corvis; it being understood that the respective manufacturers of the Vendor Items may not provide such changes for the same period of time for which Corvis is obligated to provide Class A and Class B changes. (b) Corvis will, at its expense[*], furnish the parts and documentation necessary for Customer to implement such Class A Change if it is issued within the Supported Period Product Life for the applicable Product. (c) In any of the instances above, if Corvis determines that the Equipment or part thereof subject to such change is readily returnable (e.g. plug-in items), Customer, at its expense, will remove and will return such Equipment or part to Corvis' facility and Corvis, at its expense[*], will implement such change at its facility and return such changed Equipment or part to Customer's designated location. Reinstallation will be performed by Customer at its expense. (d) Corvis' undertaking under this Section 14 with respect to Vendor Items is limited to the extent changes comparable to Class A Changes are provided by the respective manufacturers of Vendor Items. (e) If Customer does not make or permit Corvis to make a Class A Change Notification within one (1) year [*] after the date of the related Change Notification, or a Class B Change within two (2) years [*] after the date of the related Change Notification, subsequent changes, repairs, or replacements affected by the failure to make such change may, at Corvis' option, be billed to Customer whether or not such subsequent change, repair, or replacement is covered under warranty. (f) If Corvis or any applicable manufacturer of a Vendor Item issues a Class B Change (or comparable change in the case of such manufacturer) after Equipment has been shipped to Customer, Corvis will promptly notify Customer of such change if it is being generally offered to Corvis' customers. When a Class B Change is requested by Customer, billing will be at Corvis' applicable prices or the respective manufacturer's then current prices to Corvis, as the case may be. Notwithstanding the above, there will be no charge [*] for any Class B Change (or, in the case of a Vendor Item, a comparable change) if such change is included in the Maintenance or Support Services then in effect pursuant to the terms of this Agreement. Confidential materials omitted and filed separately with the Securities and Exchange Commission. Asterisks denote omissions.

Class Changes. (a) After Corvis Equipment has been shipped to Customer, if Corvis issues a Class A Change or Class B Change, or where modification to correct an error in Documentation is to be introduced, Corvis will promptly notify Customer of such change ("Change Notification"). Corvis will promptly provide, or cause the respective manufacturer to provide, to Customer any changes comparable to Class A and Class B Changes to the extent they are made available by manufacturers with respect to Vendor Items sold to Customer by Corvis. (b) Corvis will, at its expense[*], furnish the parts and documentation necessary for Customer to implement such Class A Change if it is issued within the Supported Period for the applicable Product. (c) In any of the instances above, if Corvis determines that the Equipment or part thereof subject to such change is readily returnable (e.g. plug-in items), Customer, at its expense[*], will remove and will return such Equipment or part to Corvis' facility and Corvis, at its expense, will implement such change at its facility and return such changed Equipment or part to Customer's designated location. Reinstallation will be performed by Customer at its expense. (d) Corvis' undertaking under this Section 14 with respect to Vendor Items is limited to the extent changes comparable to Class A Changes are provided by the respective manufacturers of Vendor Items. (e) If Customer does not make or permit Corvis to make a Class A Change Notification within one (1) year [*] after the date of the related Change Notification, or a Class B Change within two (2) years [*] after the date of the related Change Notification, subsequent changes, repairs, or replacements affected by the failure to make such change may, at Corvis' option, be billed to Customer whether or not such subsequent change, repair, or replacement is covered under warranty. (f) If Corvis or any applicable manufacturer of a Vendor Item issues a Class B Change (or comparable change in the case of such Confidential materials omitted and filed separately with the Securities and Exchange Commission. Asterisks denote omissions. manufacturer) after Equipment has been shipped to Customer, Corvis will promptly notify Customer of such change if it is being generally offered to Corvis' customers. When a Class B Change is requested by Customer, billing will be at Corvis' applicable prices or the respective manufacturer's then current prices to Corvis, as the case may be. Notwithstanding the above, there will be no charge [*] for any Class B Change (or, in the case of a Vendor Item, a comparable change) if such change is included in the Maintenance or Support Services then in effect pursuant to the terms of this Agreement.