NES System definition
Examples of NES System in a sentence
Invoices shall be payable within thirty (30) days of the shipment date of the related NES System Meter.
VAR and ECHELON acknowledge that prior to ECHELON’s initial acknowledgement with respect to an NES System Meter for which a meter configuration checklist (as referenced in Exhibit B) must be completed, then ECHELON shall not be required to acknowledge VAR’s order until such checklist has been completed to ECHELON’s satisfaction; VAR shall cooperate with ECHELON to complete such process as soon as reasonably practicable.
VAR shall assure that at least two (2) of its then-current personnel have completed NES System sales training as may be required by ECHELON from time to time, at ECHELON’s headquarters in San Jose, California or at another mutually agreed-upon location.
VAR hereby grants to ECHELON a non-exclusive, worldwide, irrevocable, perpetual, royalty-free, fully paid license, under the VAR NES Related Patents, to make, have made, use, sell, offer for sale, import and sublicense Improvements as part of the NES System and new versions thereof.
ECHELON may increase the prices for the NES System, on a component-by-component basis, no more frequently than once annually provided that VAR meets or exceeds, on a rolling twelve (12) month basis, the Minimum Intended Purchase Level.
VAR shall distribute each copy of the NES System Software and NES System Provisioning Software pursuant to a written software license agreement between VAR and the Utility that incorporates the terms and conditions set forth on Exhibit F, which terms may be incorporated into the purchase agreement between VAR and such Utility for VAR’s Value-Added Utility Solution.
In the event that a Utility will provide VAR with a firm written commitment to purchase VAR’s Value Added Utility Solution for a fixed term, and as a result, VAR seeks firm pricing for the NES System for such fixed term, then ECHELON agrees to consider, in good faith, providing set pricing for the NES System for such fixed term; provided, that nothing herein shall require ECHELON to agree to any such Base Pricing for any such term.
After the end of such period, the NES System Software and the NES System Provisioning Software may be distributed only pursuant to the modified terms.
To the extent not yet delivered, on or before a mutually agreed delivery date, ECHELON shall provide to VAR one (1) gold master copy of each of the NES System Software and the NES System Provisioning Software, as well as the Documentation.
For purpose of this Agreement, “Competitive Products” means networked meter systems or components thereof that are functionally similar to or competitive with the NES System or any Hardware or Software components thereof that are marketed for use in residential or light commercial settings, but in any case excluding products and services functionally similar to components of the NES System which are targeted for use in heavy commercial and industrial settings.