Common use of Access to Spare Parts Clause in Contracts

Access to Spare Parts. The Seller shall sell to the Buyer spare parts for the repair of each Unit for a period of at least twenty (20) years after Final Acceptance for the last Project under this Contract; provided, however, that, if the Seller discontinues production of any spare part or otherwise is unable or fails to supply such spare part to the Buyer and the Buyer is unable to obtain such spare part from a readily available commercial vendor, the Seller shall provide to the Buyer the address and identity of the Seller’s Subcontractor or Supplier of such spare part and permission to obtain such spare part directly from such Subcontractor or Supplier; and provided, further, that if the Seller discontinues production of any spare part and the Buyer is unable to obtain such spare part from a readily available commercial vendor or any of the Seller’s Subcontractors or Suppliers, the Seller hereby agrees that the Seller shall not assert, or make any claim under, any of its Intellectual Property rights with respect to such spare part in the event the Buyer elects to make such spare part itself or through its Subcontractors or Suppliers.