New Appliance definition
Examples of New Appliance in a sentence
Sourcefire agrees to apprise Patriot Technology as soon as practicable as to the progress of any Certification Testing being undertaken by Sourcefire, as well as any contemplated changes to any New Appliance Specifications or Amended New Appliance Specifications, as the case may be.
OEM Partner recognizes that certain changes to the New Appliance Specification could incur additional development fees not included in the original Development Fees structure if either the System-On-Module Carrier Board or System Chassis require re-tooling.
The parties agree that all rights, title and interests in the New Appliance Specification, any Amended New Appliance Specifications and any documentation of the New Appliances and any resulting Finished Goods and all intellectual property rights therein shall vest and reside solely in and with the OEM Partner and shall be consider, for purposes of Section 5.2 of the Agreement as an OEM Partner Innovation.
In the event OEM Partner issues an Amendment New Appliance Specification after Patriot Technologies has delivered the prototypes (in accordance with this Section 2), OEM Partner shall return such prototypes to Patriot Technologies along with the Amended New Appliance Specifications, and Patriot Technologies shall use its best efforts to conform the prototypes to the Amended New Appliance Specifications as soon as practicable, time being of the essence.
Notwithstanding the previous sentence, Sourcefire shall have no right to a refund of the Development Fees commencing on the date Patriot Technologies first delivers a prototype that conforms in every respect to the applicable New Appliance Specifications (or Amended New Appliance Specifications, as the case may be).
Upon redelivery of the prototypes (having been modified to conform to the Amended New Appliance Specifications), the OEM Partner shall again perform the Certification Testing to determine if such prototypes conform to the Amended New Appliance Specification and are ready for commercial production.
Notwithstanding the foregoing, the aforementioned HVAC tenant allowance credit shall not be applied if the PPD Tenant Estoppel Certificate or Landlord Estoppel Certificate, as applicable, includes a statement that such HVAC tenant allowance has been fully paid and used by PPD.
OEM Partner shall use and test these prototypes to determine, in good faith and using its sole and absolute discretion, whether the New Appliance and any resulting Finished Goods conform to the New Appliance Specifications (or as the case may be, the Amended New Appliance Specifications) and, in particular, whether the prototypes are ready for commercial production (the “Certification Testing”).
Pursuant to Section 7.1 of the Agreement, upon completing of the Certification Testing, the parties shall mutually agree upon the warranties to be provided with the New Appliance and the resulting Finished Goods, but in no event shall the warranty period for such New Appliance and resulting Finished Goods be less than one (1) year in duration.
The date upon which OEM partner determines that the prototypes conform to the New Appliance Specifications (or the Amended New Appliance Specifications, as the case may be) and are ready for commercial production shall be referred to as the Certification Date.