Common use of Ongoing Development Clause in Contracts

Ongoing Development. BTE’s strategic plan involves creating a competitive advantage in the industry through the continual improvement of the performance, availability, scalability and reliability of the Products. Accordingly, Vendor and BTE shall, by means of product evaluation and the iterative development process more particularly described below, fully cooperate with each other to: (a) monitor [**] – Confidential treatment has been requested for the bracketed portions. The confidential redacted portion has been omitted and filed separately with the Securities and Exchange Commission. and assess the availability and reliability of the Products in order to achieve reliability and availability standards set forth in this Agreement, it being agreed that the parties shall develop and regularly update reliability and availability standards (“Reliability/Availability Standards”) applicable to the Products following commercial release of such Products; (b) monitor and assess other performance criteria of the Products as referenced in the Documentation; and (c) to transfer know-how as reasonably requested by BTE for Product use and maintenance.

Appears in 2 contracts

Sources: Master Acquisition Agreement, Master Acquisition Agreement (Infinera Corp)