Discontinued Products. If a product or model is discontinued by the manufacturer, Contractor may substitute a new product or model if the replacement product meets or exceeds the specifications and performance of the discontinued model and if the discount is the same or greater than the discontinued model.
Discontinued Products. Aspect agrees to notify HP in writing not less than [**] in advance of the discontinuance of any Aspect Product. HP shall be able to place orders for at least [**] after receipt of the written notice in any case. In addition, HP shall be entitled to determine its lifetime-buy quantities and place a corresponding last purchase order.
Discontinued Products. Co-Host may, during the term of this Agreement, obtain a credit for the price paid by Co-Host to be applied against current or future invoices, for all versions of Products shipped by NAI within the previous ninety (90) days that NAI discontinues or which are removed from NAI's current retail price list. Such credit will be equal to the price paid by Co-Host for such obsolete Products, less discounts received under Section 5 of this Agreements. All such discontinued Products will be counted and inspected at the Inspection Site by NAI's employee, and upon NAI's acceptance thereof (which will be a condition of Co-Host's eligibility for a credit hereunder) such Products will be promptly and completely destroyed or, if requested by NAI, such Products or any portion thereof will be returned to NAI as it directs. No Product shall be deemed discontinued if a later version of the Product is still being offered by NAI and end users may obtain the current version of such Product from NAI electronically at no additional charge.
Discontinued Products. Notwithstanding the foregoing, in the event NSUSA receives notice from NSI of the discontinuance of the sale of any Product, NSUSA may elect to manufacture or cause to be manufactured such Product; provided that, if such discontinued Product competes directly or indirectly with any other NSI Product, the prior written consent of NSI shall be required which consent shall not be unreasonable withheld or delayed. If NSUSA elects to so manufacture or cause to be manufactured such discontinued Product, NSI shall, , request that NSI license the formula to such discontinued Product to NSUSA on substantially the same terms as set forth in the Trademark/Tradename License Agreement, dated as of the date hereof, by and between NSI and NSUSA.
Discontinued Products. Supplier agrees to notify Purchaser in writing not less than one (1) year in advance of the discontinuance of any Product. In the event Supplier is unable to manufacture the Products for Purchaser (due to bankruptcy, fire, or other event of force majeure), then Purchaser will have the right to manufacture the Products (or have the Products manufactured for Purchaser), and, in exchange, pay a reasonable royalty or license fee for such right. The parties will establish an escrow account providing for the deposit of updated copies of all information reasonably necessary for the manufacture of the Products with a third party (to be agreed upon by the parties) under terms to be agreed upon in good faith between the parties and such third party. Purchaser agrees to cover the costs for establishing and maintaining of said escrow account. Supplier will deposit in the escrow account all information reasonably necessary for the manufacture of the Products prior to shipment of the first order of Products. The conditions for the transfer of know-how related to such manufacture shall be agreed upon separately in good faith by the parties.
Discontinued Products. Recipient shall give Distributor at least 60 days prior written notice of its desire to discontinue a Product and the parties hereto shall mutually agree on the process for determining the effective date of such discontinuation after considering any outstanding customer commitments.
Discontinued Products. TDK may discontinue a Product Imation is purchasing from TDK upon not less than one hundred twenty (120) days’ written notice to Imation; provided that Imation and its Subsidiaries will have the right to issue a final Purchase Order of the discontinued Product during such period and on such other terms and conditions as are mutually agreed upon between the parties. Such final Purchase Order will be firm, at a fixed price and non-cancelable, and will provide for shipment no later than one (1) year after the order date set forth therein. Products ordered will be non-returnable except as provided in Section 6.2 or 9.3.