Common use of Notice of Discontinuation Clause in Contracts

Notice of Discontinuation. During the Term of this Contract the Vendor agrees to provide the Owner, or the respective Affiliates as the case may be, except under extraordinary circumstances not less than one (1) year notice before the Vendor discontinues accepting orders for a PCS Product ("Discontinued Products") sold under this Contract. Where the Vendor offers a product for sale that is equivalent in form, fit and function in accordance with and pursuant to the Specifications, the notification period may vary but in no event will be less than the applicable notice period set forth in subsection 2.17. Notwithstanding the foregoing, the Vendor will not discontinue accepting orders for any PCS Product applicable to or otherwise used in the System or any portion thereof until and unless the Vendor and the Owner have agreed upon a mutually acceptable transition plan that takes into account the Owner's and its Affiliates' existing investment in the Item scheduled for discontinuance subject to the minimum terms and conditions set forth in subsections 10.2 and 10.3 below. The Parties' failure to reach agreement within sixty (60) days or such other reasonable time as they may mutually establish will, upon the request of either Party, be referred for resolution pursuant to Section 23. In the event of the foregoing, the Vendor must continue to furnish PCS Products fully compatible with the System Elements within the System at such time during the Term of the Contract; provided that nothing herein will bar the Vendor from discontinuing individual Items of PCS Products as provided in and pursuant to this subsection 10.1.

Notice of Discontinuation. During the Term of this Contract the ------------------------- Vendor agrees to provide the Owner, or the respective Affiliates as the case may be, except under extraordinary circumstances not less than one (1) year notice before the Vendor discontinues accepting orders for a PCS Product ("Discontinued Products") sold under this Contract. Where the Vendor offers a product for sale that is equivalent in form, fit and function in accordance with and pursuant to the Specifications, the notification period may vary but in no event will be less than the applicable notice period set forth in subsection 2.17. Notwithstanding the foregoing, the Vendor will not discontinue accepting orders for any PCS Product applicable to or otherwise used in the System or any portion thereof until and unless the Vendor and the Owner have agreed upon a mutually acceptable transition plan that takes into account the Owner's and its Affiliates' existing investment in the Item scheduled for discontinuance subject to the minimum terms and conditions set forth in subsections 10.2 and 10.3 below. The Parties' failure to reach agreement within sixty (60) days or such other reasonable time as they may mutually establish will, upon the request of either Party, be referred for resolution pursuant to Section 23. In the event of the foregoing, the Vendor must continue to furnish PCS Products fully compatible with the System Elements within the System at such time during the Term of the Contract; provided that nothing herein will bar the Vendor from -------- ---- discontinuing individual Items of PCS Products as provided in and pursuant to this subsection 10.1.