Product Changes. Vocera shall have the right, in its absolute discretion, without liability to End User, to update to provide new functionality or otherwise change the design of any Product or to discontinue the manufacture or sale of any Product. Vocera shall notify End User at least 90 days prior to the delivery of any Product which incorporates a change that adversely affects form, fit or function (“Material Change”). Vocera shall also notify End User at least 90 days prior to the discontinuance of manufacture of any Product. Notification will be made as soon as reasonably practical for changes associated with regulatory or health and safety issues.
Product Changes. IDSI reserves the right to make design and other modifications in the Equipment at any time but shall not be obligated to implement such modifications in Equipment that has previously been delivered.
Product Changes. Supplier shall communicate any change in the Specifications for any Product or its manufacture in accordance with Supplier’s product change notification process. Buyer shall be deemed to have accepted such change unless, within thirty (30) days after receipt of notice from Supplier, Buyer informs Supplier that such change is not acceptable. If Buyer informs Supplier that such change is not acceptable, Supplier may by notice to Buyer either (x) continue to supply the Product in accordance with the original Specifications and manufacturing procedures or (y) terminate this Agreement with respect to such Product on a date specified by Supplier in a notice of termination, which date shall not be earlier than the earlier of (I) one (1) year from the date of Buyer’s information that it does not accept the change proposed by Supplier and (II) if such notice of termination is delivered more than ninety (90) days before the end of the then current Term, the end of such Term; subject to the right of the Buyer to submit a Last-Time Buy Order in accordance with Section 4.5.
Product Changes. 14.1 Prior to shipment, Corvis may at any time make changes in Products or modify the drawings and specifications relating thereto or substitute Products of later design, provided the changes, modifications or substitutions under normal and proper use do not impact upon form, fit or function of the ordered Equipment or materially adversely affect the use, function, or performance of the ordered Software, as provided in the Technical Requirements. Unless otherwise agreed, such Software substitution will not result in any additional charges to Customer with respect to licenses for which Corvis has quoted fees to Customer. With respect to changes, modifications, and substitutions which affect the form, fit, function, use or performance of an ordered Product, Corvis will notify Customer in writing 90 days prior to their effective dates. In the event any such change is not desired by Customer, Customer will notify Corvis within 30 days from the date of notice and Corvis will not furnish any such changed Products to Customer on any orders in process at the time Corvis is so notified. In no event will Corvis change the form, fit, function, use or performance of any Product if such change causes the Product not to conform to the Technical Requirements, except to the extent such change conforms to changes in network telecommunications standards generally accepted in the industry. Corvis may discontinue any Product or Software version if Corvis gives Customer at least one year's notice thereof. In such event, Corvis will provide Customer with a suggested product replacement at the same time for the remainder of the term of this Agreement. Customer will have the right to substitute the replacement product for the Product under this Agreement, at a price to be negotiated by the parties. If Customer elects not to use the suggested replacement product, Corvis will offer Customer a one-year period beginning the day of the notice of discontinuance within which Customer can place orders for the discontinued Product. Customer may give a last order ("One Time Buy Order") immediately prior to the end of the six-month period. The One Time Buy Order is non-cancelable, non- reschedulable and non-returnable; except as otherwise provided in this Agreement. Products ordered with the One Time Buy Order will be delivered to Customer as requested by Customer but no later than one year after the notice of discontinuance.
Product Changes. Cypress reserves the right to make modifications to its products at any time. If, however, at any time during the term of the Agreement, Company purchases certain Products from Cypress on a regular basis, and Cypress is going to change the form, fit, or function of such Products (“Changed Product”), Cypress shall give Company prior written notice of such Changed Product in accordance with JEDEC Solid State Technology Association Standard JESD46 (Customer Notification of Product/Process Changes by Semiconductor Suppliers).
Product Changes. Marketo reserves the right to change or discontinue individual features within the Subscription Services upon prior written notice via the Subscription Services portal. To the extent any such changes result in a material reduction of overall functionality without a comparable replacement, Marketo will refund Customer a pro-rata portion of all prepaid fees associated with the discontinued Subscription Services for which no comparable replacement was provided.
Product Changes a. The Seller must provide Battelle notice of intended changes or planned End-of-Life as soon as they are known for any components being purchased by Battelle in order to allow Battelle sufficient time to place a Last-Time-Buy to meet future requirements of the component.
Product Changes. Company’s product policy is one of ongoing update and revision, and accordingly, Company reserves the right to change, without notice, the design of, or the process of manufacturing, the Deliverables covered by this Agreement.
Product Changes. Seller may at any time (i) make changes in the products that do not materially affect physical or functional interchangeability or performance or (ii) make more substantial changes or discontinue delivery of the product when required for purposes of safety.
Product Changes. Except in the case of a Product recall or other emergency, MTI will provide ev3 three months’ notice of changes in Products or packaging, or advertising, sales or Promotional Materials relating to the Products or any significant development planned and improvements that may affect the marketing of the Products.
