Obsolescence. If Supplier plans to cease production of any Parts after the twenty-year period as detailed in Section 2.3(b) above, then Supplier shall provide Buyer with at least one calendar year’s notice of such event so that Buyer may request a “last-time” buy from Supplier for such Parts. If Supplier plans to cease production of any goods (into which the applicable Parts are incorporated) Buyer purchases under this Order within two (2) years from the date on the Order, Supplier shall provide Buyer with at least one calendar year’s notice of such event so that Buyer may request a “last-time” buy from Supplier of such goods.
Obsolescence. A Goods is considered as obsolete when it is no longer possible to order identical or functionally equivalent and compatible spares. Supplier's obligation in terms of obsolescence management are defined in the Contract.
Obsolescence. If the grantees of at least fifty percent (50%) of the fibers on the McLeodUSA Network containing the IRU Fibers deem the fiber to be functionally obsolete, then McLeodUSA may offer to IRU Grantee, on not less than one hundred twenty (120) days’ written notice, to substitute for the IRU Fibers on the McLeodUSA Network an equal number of alternative fibers along the same or an alternative route; provided that in any such event, such substitution (a) shall be without unreasonable interruption of service and use by the applicable party; (b) shall be constructed and tested in accordance with the applicable specifications; and (c) shall not adversely affect the use, operation or performance of the party’s network or business. IRU Grantee shall have the right to either accept the proposed substitute fibers or retain the IRU Fibers as initially configured pursuant to this Agreement, provided, however, that if IRU Grantee elects to retain the IRU Fibers as initially configured, McLeodUSA and IRU Grantee shall negotiate a new arrangement for the payment of the costs for maintaining such IRU Fibers, the costs associated with the Rights and all other costs of McLeodUSA relating to such IRU Fibers for the remainder of the Term. McLeodUSA shall provide IRU Grantee with such information as IRU Grantee may reasonably require in order to propose a new arrangement for payment of such costs prior to electing to accept or reject the proposed substitute fibers. In the event of a fiber substitution hereunder, all costs of such substitution, including, without limitation, all disconnect and reconnect costs, fees and expenses, shall be shared by the parties in the following order and amounts: (i) if the affected portion of the McLeodUSA Network includes any conduit other than the conduit housing the IRU Fibers, the total costs shall be allocated equally among all of the affected conduits; and (ii) the costs related to the conduit carrying the IRU Fibers plus the costs specifically related to the fibers within such conduit shall be allocated between IRU Grantee and McLeodUSA and other users based on IRU Grantee’s Proportionate Share. The foregoing notwithstanding, as a condition to paying its share of such fiber substitution costs, IRU Grantee shall be entitled to negotiate an extension to the Term of this Agreement for the reasonably anticipated useful life of the substitute fibers. Except as may be agreed by the parties, in the event of a substitution of fibers, the Term of the...
Obsolescence. Buyer shall have no responsibility for obsolescence as a result of a running change approved by Xxxxx. In such case, Seller will be liable for any obsolescence of Raw Materials and/or Finished Goods (as those terms are defined in the Logistics Parameter) in excess of the amount projected by the production releases in place at the time of the production order change. If the change approved by Buyer is a fixed-date change, Buyer’s obligation for obsolescence shall not exceed the amount equal to six (6) weeks of Raw Materials and two (2) weeks of Finished Goods (as those terms are defined in the Logistics Parameter) according to projected production releases in place at the time of the production order.
Obsolescence. To the extent applicable, should a Product be discontinued by Datalogic or become obsolete, Datalogic shall use reasonable commercial efforts to notify Buyer in writing at least thirty (30) days before the date when the Product or Service shall become officially obsolete (“Obsolescence Effective Date”). The obsolescence notice shall clearly state the Obsolescence Effective Date and shall provide the list of models and (if any) the related spare part and accessories whose availability will cease a fter such Obsolescence Effective Date. Buyer may purchase any obsolete Product and (to the extent Datalogic has authorized Buyer to purchase spare parts) any of its spare parts and accessories by placing a non-cancellable last buy order (“Last PO”) until the Obsolescence Effective Date occurs. Delivery dates for any Last PO shall be limited to three (3) months from the Obsolescence Effective Date. Except as set forth in this section, Datalogic shall have no further liability to deliver, repair or replace any obsolete Product, including any related spare part or accessory after the Obsolescence Effective Date. Any deviation from the provisions contained in this section shall be agreed in writing and duly signed by the authorized representatives of the Parties.
Obsolescence. (a) In the event that any Third-Party supplier of any raw materials, components, labeling, packaging or other inventories used by Producer to manufacture any of the Supplied Products shall discontinue production of any such raw material, component, labeling, packaging or other inventories, which discontinuance shall result in Producer incurring any additional costs or expenses, (i) if the discontinued raw materials, components, labeling, packaging or other inventories relate solely to Purchaser Products, Purchaser shall reimburse Producer for all such additional costs and expenses and (ii) if the discontinued raw materials, components, labeling, packaging or other inventories relate to Purchaser Products as well as to other Supplied Products or other products of the Producer, Purchaser shall reimburse Producer for Purchaser’s allocable portion of such additional costs and expenses based upon the unit volumes of the affected Supplied Products and other products produced for Producer and its Affiliates, on the one hand, and for Purchaser and its Affiliates, on the other hand. Such costs and expenses shall include all additional direct and indirect internal costs and out-of-pocket expenditures, whether capitalized or expensed, resulting from such discontinuance, including all such additional costs and expenses relating to or arising out of any modification to Producer’s procedures or processes, acquisition of property, equipment or other assets, relocation, regulatory compliance, including associated regulatory fees, write-off or disposal of materials (including strategic materials purchases), equipment and other assets rendered unusable by virtue of such discontinuance and all related changes. In addition, Purchaser shall reasonably cooperate with Producer in connection with any strategic materials purchases resulting from or responsive to any such discontinuance.
Obsolescence. A component may become obsolete during the term of this Agreement. Obsolete components are not covered under this Agreement. KONE will provide Purchaser with a separate quotation for the price to replace obsolete components. Equipment modifications necessary to accommodate replacement of obsolete components will also be at the Purchaser’s expense. Components include without limitation any part, component, assembly, product, or firmware or software module. A component is obsolete when it can no longer be economically produced due to the cessation of consistent sources for materials, a loss or termination of a manufacturing process occurs, product reliability analysis shows that it is not economically feasible to continue to produce the component, escalation of component costs beyond acceptable industry expectations drive alternative equipment upgrades, the support of product safety programs or conformance to codes or standards mandates that use of a component be discontinued in its entirety, or the OEM designates the component as obsolete. No exception to the above will be made for a component designated as obsolete because it can be custom made or acquired at any price. KONE will not be required to furnish reconditioned or used components. The component that replaces the obsolete components is covered under this Agreement. ELEVATOR Refinishing, repairing, replacing, or cleaning of the: car enclosure; gates or door panels; door pull straps; hoistway enclosure; rail alignment; hoistway doors; door frames; xxxxx; hoistway gates; flooring; power feeders, switches, and their wiring and fusing; car light diffusers; ceiling assemblies and attachments; smoke or heat sensors; fans; fireman's phone devices; intercoms; phone lines; music systems; media displays; card-readers or other security systems; computer monitoring systems; light tubes and bulbs; pit pumps; emergency power generators; hydraulic cylinder; unexposed piping; or disposal or clean-up of waste oil or contamination caused by leaks in the hydraulic cylinder or unexposed piping. ESCALATOR AND POWERWALK Refinishing, repairing, replacing or cleaning balustrades, pits, pans; side plate devices; decks; skirt panels; anti-slide devices; brushes; guards and damage or deterioration to skirt deflector brushes. KONE is not obligated to perform an escalator clean down, or do any work to bring the equipment in compliance with the escalator step/skirt performance index or loaded gap values required by code. Purchas...
Obsolescence. In the event that the Article for repair is subject to emergent component obsolescence which creates unacceptable commercial risk to the Contractor then all work on this Article is to cease and the Authority is to be advised of the problem within 5 working days of the cessation of work. The revised actual cost and the revised timescale to effect the repair will be notified to the Authority within 3 weeks from the date of cessation of work. Repair will only be effected after written authorisation has been received from the Authority.
Obsolescence. 13.1 After the maintained equipment has attained the age of 7 years, maintenance will continue for as long as spares are readily available. After 7 years, total failure of the system main equipment will be deemed beyond fair wear and tear and will not be replaced free of charge. A minimum 10% allowance will be made against the cost of replacement with new if required.
Obsolescence. The Seller shall be responsible for proactively managing obsolescence issues affecting the items under this Order by making every reasonable effort to give Seller sufficient and timely notice of an impending obsolescence event along with a written plan for minimizing the impact on Buyer.
