Replacement Products. The CNA shall respond to Commission supplied information regarding replacement products. The Commission will provide the report on the first business day after the end of each quarter. The CNA shall conduct an analysis of all products that are included in the report and have been replaced on the PL to determine if replaced products should be deleted from the PL. The CNA shall provide a response to the Commission no later than fifteen (15) days after the end of each quarter. The CNA’s response report shall include the following elements: PL Number, PLIMS Transaction Identification (TID) for the original addition (if applicable), PLIMS TID for the replacement product (if applicable), NSN, NSN Name, contracting activity(ies), and producing NPA(s).
Replacement Products. (a) Except as required by Section 4.3(b) and Section 6.1 with respect to Environmental Attributes and by Section 3.11 with respect to ZRCs, if Seller is not capable of providing the full availability of the Products as required hereunder, Seller shall have no right and shall not be permitted to provide Replacement Products as a substitute or replacement for the unavailable Products without the prior written consent of Buyer. Notwithstanding the foregoing, Seller may make a proposal or offer to Buyer to provide Replacement Products hereunder. In such event, Buyer may accept or reject, in its sole and absolute discretion, any such proposal or offer from Seller.
Replacement Products. If Seller is unable to Deliver the obligated quantity in accordance with the Minimum Delivery Schedule, Seller may, with the prior written approval of Buyer (including, without limitation, any extended time for delivery beyond the Minimum Delivery Schedule, provide qualified replacement Products; provided, however, that the replacement Products must be of the same Class of Resource, except as follows:
Replacement Products. If replacement products are supplied, SolarWorld may provide used and/or repaired products at SolarWorld’s discretion.
Replacement Products. 44.1. The Contractor will be required to offer a replacement product to the Framework Public Body if a product cannot be repaired within 8.5
Replacement Products. If at anytime during the Term, Rockwell or any of its Affiliates introduces a product or offering that is a replacement for an existing Product covered by this Agreement, whether developed by Rockwell or any of its Affiliates or acquired by Rockwell or any of its Affiliates in connection with any transaction (a “Replacement Product”), Rockwell will allow (or will cause its Affiliate to allow) DaVita or any DaVita Facility, as applicable, to purchase such Replacement Product at the same price as the Product it is replacing or is ultimately intended to replace.
Replacement Products. If (A) development of a Licensed Product is terminated after any Milestone Payment set forth in Section 4.3.1.1 or Section 4.3.2.1 as applicable, has been made with respect to such Licensed Product and (B) another Licensed Product is selected to replace the terminated Licensed Product and the selected Licensed Product is for the same, substantially similar or closely related indication (“Replacement Product”), then there shall be no payment due upon achievement of the same milestone by such Replacement Product for which Broad already received a Milestone Payment for the original Licensed Product.
Replacement Products. If, during any Term of this Agreement, Supplier develops and markets a product that is a replacement for the Product to be provided hereunder, Supplier agrees to sell said product to Netpliance at Netpliances' option, for a price to be negotiated between the parties. Both parties also agree that all appropriate provisions of this Agreement will apply to any such replacement product. Nonetheless, Supplier agrees to continue to make the original product available to Netpliance through the end of the last Term of this Agreement.
Replacement Products. Should Seller acquire or develop a type of product which is like the Product, or performs a similar function, or would obsolete the Product due to new technology (a "Replacement Product"), Seller shall give AT&T notice at least equal to the normal purchase lead-time prior to the initial shipping date for that Replacement Product and furnish to AT&T the specifications and other pertinent description thereof and, at the request of AT&T, arrange an engineering evaluation of such product immediately upon a working model of it becoming available. At its option, AT&T may elect to substitute such Replacement Product for the Product under this Agreement or add such it to this Agreement, at a price mutually agreeable between the parties. Such Replacement Product shall thereafter be considered the Product under the terms and conditions of this Agreement as if initially included hereunder. However, upon a substitution of such Replacement Product, Seller shall continue to make Parts available for the original Product under this Agreement, as required under Section 5.4.
Replacement Products. For all Separators that are not listed on Exhibit A, Daramic shall have the option of seeking to develop a comparable product or a suitable replacement for the Separators then being used by Exide (a "Replacement Product"). [*****] To the extent that Daramic produces or represents a competitive product comparable to, or a suitable replacement for any Separator then in use by Exide, at a price that is equal to or less than the price then being paid by Exide for such a product, then Daramic may present such Replacement Product to Exide for qualification. Exide agrees to use its best commercial efforts to fully cooperate and support Daramic's efforts to produce or qualify such a Replacement Product as quickly as possible. Upon qualification, such Replacement Product shall be added to the list of Qualified Products on Exhibit A, and Exide will purchase from Daramic [*****] of said qualification and for the remaining Term of this Agreement. Pricing for such a Replacement Product will initially be at the level most recently paid by Exide to its primary third party supplier for the product being replaced. However, if such Replacement Product utilizes a different technology such that the Replacement Product is substantially less costly to produce than the product it replaces, then Daramic will make a fair adjustment in the initial pricing level as described in Section 6 below. Once the initial Price for a Replacement Product is established, then the price for such a Replacement Product will be subject to change adjustments based on cost reductions achieved as contemplated by Sections 6 and 7.2 below and on changes in Daramic's Manufacturing Costs pursuant to Section 4.2 below. After initial qualification of a Replacement Product, Daramic shall only be required to continue to meet prices offered by third parties as described in section 4.4.
