LUCENT GROWTH AND RESTRUCTURING Sample Clauses

LUCENT GROWTH AND RESTRUCTURING. If Lucent acquires a new Affiliate following the Effective Date and such new Affiliate is a party to one (1) or more agreements with Allegiance, the products and services obtained and to be obtained by Allegiance pursuant to such agreements shall be subject in all respects to the terms of SECTIONS 9.2, 9.4, 9.5, 9.8, 9.9, 9.11, 9.12, 9.16, 13.2 and ARTICLE 12 of this Agreement as though such products and services originally were provided to Allegiance pursuant to this Agreement, provided that such terms will be in addition to and not replacements of any similar terms contained in such agreements (provided, however, that if and to the extent there is a conflict between such provisions, the provisions contained in this Agreement shall apply), it being the intent of the parties that such terms of this Agreement shall supplement the terms of such agreements. At the request of Allegiance, Lucent shall negotiate in good faith new product functionality and performance warranties for such new Affiliate agreements of the nature set forth in SECTIONS 9.1 and 9.3 of this Agreement, and upon completion of such negotiations shall agree to an amendment to the terms of the Agreement. If Lucent integrates and/or migrates support and maintenance services for such products and services within Lucent's support and maintenance structure, Lucent shall provide Support and Maintenance Services for such products and services under the Support and Maintenance Services terms of this Agreement; provided, however, that in the event the support and maintenance terms under the existing new Affiliate agreement are more favorable than the Support and Maintenance Services terms under this Agreement, Allegiance shall have the right to continue the support and maintenance terms under such existing new Affiliate agreement. Upon the request of Allegiance, Lucent shall negotiate in good faith the termination or other disposition of a new Affiliate agreement based on the business needs of Allegiance.
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Related to LUCENT GROWTH AND RESTRUCTURING

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