Product Modification a. HPE reserves the right to make changes in the design or specifications of Products.
Product Modification a. HP reserves the right to make changes in the design or specifications of Products.
Product Modification. Regal shall have the right to discontinue the sale of Products or to modify the design and components of Products at any time; provided, however, that Regal shall notify Dealer prior to shipment of any major design changes with respect to Products previously ordered by Dealer, in which event Dealer shall have the right to cancel such order.
Product Modification. Sea Ray shall have the right to discontinue the sale of Products or to modify the design, specifications and components of Products at any time provided, however, that Sea Ray shall notify Dealer, prior to shipment, of any major changes with respect to Products previously ordered by Dealer but not yet delivered, in which event Dealer shall have the right to terminate such order within five (5) business days after such notification by providing written notice to Sea Ray. The failure to provide such timely written notification shall be deemed acceptance by Dealer of such changes.
Product Modification. Boston Whaler shall have the right to discontinue the sale of Products or to modify the design, specifications and components of Products at any time provided, however, that Boston Whaler shall notify Dealer, prior to shipment, of any major changes with respect to Products previously ordered by Dealer but not yet delivered, in which event Dealer shall have the right to terminate such order within five (5) business days after such notification by providing written notice to Boston Whaler. The failure to provide such timely written notification shall be deemed acceptance by Dealer of such changes.
Product Modification. The Parties recognize that from time to xxxx Xxxxxx will request or will be requested by Buyer to implement Engineering Change Orders (hereinafter referred to as "ECOs"). The following outlines the proper procedure:
Product Modification. Licensee shall not modify the Certified Product in any manner that results in more than an immaterial change in features, function, or performance, without disclosing such modifications to SunSpec Alliance in writing and re-submitting the Certified Product for Certification at Licensee’s sole cost and expense if SunSpec Alliance in its sole discretion determines that re-testing is warranted.
Product Modification. In the event of any injunction or prohibition against Company’s manufacture, licensure, import, export, sale, offer-for-sale, distribution, or use of the Product by reason of infringement of a patent, proprietary, or intellectual property right, or if in Company’s opinion the Product is likely to become the subject of a claim of infringement of a patent, proprietary, or intellectual property right Company will, at its option and at its expense, either: (a) procure (such as by licensing or otherwise) the right to continue to make, have made, import, export, sell, offer-for-sale, distribute, and use such Product, or (b) replace or modify such Product so it becomes non-infringing, but is reasonably equivalent or superior in terms of efficacy, quality and safety. Notwithstanding the previous, Company’s inability to further develop, manufacture, sell or license the Product because it cannot reasonably procure rights or modify the Product as prescribed hereunder, which limitation has been reasonably verified by the Foundation, shall not be deemed a Charitability Default provided the Foundation reasonably agrees that such procurement or modification is not reasonable.
Product Modification. FE Locations shall not modify or alter any Freightliner Product unless the relevant FE Location either obtains Freightliner's prior written approval of such modification or alteration or notifies the customer in writing, prior to or at the time of such modification or alteration, that it is being made without Freightliner's approval and will not be covered by any warranty of Freightliner. In no event shall any FE Location remove, alter or modify any equipment or accessories required on any Freightliner Vehicle by law or regulation. For purposes of this Section, the terms "modify" and "alter" and "modification" and "alteration" shall mean any departures from manufacturer specifications and shall not mean repairs or replacements in accordance with manufacturer specifications. Each FE Location shall defend, indemnify and save Freightliner harmless from any suit, claim, demand, damage, liability, cost or expense, including reasonable attorneys' fees and expenses, final judgments and settlements, arising out of or resulting from such modification or alteration of a Freightliner Product by such FE Location without Freightliner's prior written approval.
Product Modification. A. Company shall have the right to discontinue the sale of Products or to modify the design, specifications and components of Products at any time in its sole discretion; provided, however, that Company shall notify Dealer, prior to shipment, of any major changes with respect to Products previously ordered by Dealer but not yet delivered, in which event Dealer shall have the right to terminate such order within five (5) days after such notification by providing written notice to Company. The failure by Dealer to provide such timely written notification shall be deemed acceptance by Dealer of such changes.
