Common use of Continued Supply Clause in Contracts

Continued Supply. In the event that (a) Aspect makes an assignment for the benefit of creditors, or a receiver, trustee in bankruptcy or similar officer is appointed to take charge of any or all of Aspect's property, or Aspect files a voluntary petition under federal bankruptcy laws or similar state statutes or such a petition is filed against Aspect and is not dismissed within sixty (60) days, and (b) Aspect fails to deliver Aspect Products ordered by HP under this Agreement within [**] of the delivery date specified on a purchase order complying with Section 4 and accepted by Aspect in accordance with Section 4, upon request of HP, Aspect shall grant to HP, a nonexclusive license to use the Manufacturing Materials to make and have made the Aspect Products for use in the HP BIS System, until [**] after Aspect is ready and able to deliver Aspect Products to HP under the terms of this Agreement and has notified HP thereof. This includes a non-exclusive license to use any tools, design documentation, or any other manufacturing materials which may be necessary. The manufacturing materials supplied by Aspect shall include a list of the Aspect suppliers of parts for Aspect Products. Upon exercise by HP of the manufacturing license set forth above, HP shall pay Aspect a "Manufacturing License Fee" equal to the royalty specified on Exhibit A (Aspect's Products and Purchase Prices).

Appears in 3 contracts

Sources: Oem Development and Purchase Agreement (Aspect Medical Systems Inc), Oem Development and Purchase Agreement (Aspect Medical Systems Inc), Oem Development and Purchase Agreement (Aspect Medical Systems Inc)