Availability Assurance Sample Clauses

Availability Assurance. Supplier agrees to maintain capabilities necessary to provide technical and service support to Applied and/or its designated third party as to any Item for a minimum of ten (10) years from the date of final shipment of an Item to Applied. Alternatively, the Parties may agree to establish a product support period of [* *], provided Supplier agrees to grant to Applied [* *] a [* *] license under [* *] Rights to make, have made, use, sell and support the Items, [* *].
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Availability Assurance. Supplier agrees to maintain capabilities necessary to provide technical and service support to Applied and/or its designated third party as to any Item for a minimum of ten (10) years from the date of final shipment of an Item to Applied. Alternatively, the Parties may agree to establish a product support period of less than ten (10) years, provided Supplier agrees to grant to Applied, or its authorized third party, a non-exclusive, irrevocable, royalty-free, worldwide and transferable license under any relevant Supplier IP Rights to make, have made, use, sell and support the Items, in a form and on terms acceptable to Applied, subject to Supplier's ability to secure such license.
Sample 1
Availability Assurance. (a) The products described herein shall be available for purchase from Seller for a minimum of seven (7) years from the date of this Agreement or such shorter term as Buyer's customer for the associated product shall impose on Buyer, as notified in writing by Buyer to Seller, unless this Agreement is terminated earlier by Buyer. Seller agrees to maintain availability of the number of fully functional products, spares and parts (commonly referred to herein as safety stock) specified in Exhibit C for the term of this Agreement. In the event that Seller is notified by its vendor(s) of the discontinuance of any subcomponent(s), Seller agrees to immediately notify Buyer of this change and propose, as quickly as practicable, possible substitute subcomponents and appropriate changes in process or method of manufacturing in accordance with the provisions of section 37 below as regards notification and approval (provided however that the one month notice period referred to therein may be accelerated as appropriate under the circumstances). In the event Seller is unable or unwilling to continue production of the products described herein, Seller agrees to give Buyer six months notice prior to ceasing production. At the xxxx Xxxxxx notifies Buyer of any such cessation, Buyer shall be permitted to place additional orders for such product in order to satisfy Buyer's anticipated post- cessation requirements. At this time, Seller will also make available to Buyer -- subject to the Confidentiality Agreement, reasonable confidentiality undertakings (substantially in the form of the confidentiality agreement attached hereto as Exhibit A) by any third party and appropriate licenses and permissions for the manufacture of the products -- complete and updated manufacturing details of the products, including the documents, data and information mentioned in sections 7(a) and 20(c)(iii), for the purpose of appointing another manufacturer to proceed on Buyer's behalf. (b) Buyer will have the first right of refusal in the event Seller wishes to or must dispose of its manufacturing facilities for multi-chip modules. Seller shall notify Buyer in advance of any serious discussions with any third party regarding the possible transfer of said facilities, and shall notify any such third party of Buyer's first right of refusal hereunder before receiving any offer from such party regarding such a transfer. Buyer's first right of refusal shall be subject to Buyer's willingness, after a reaso...
Sample 1
Availability Assurance. Supplier agrees to maintain capabilities necessary to provide technical and service support to Applied and/or its designated customers as to any Item for a minimum of [**] from the GLOBAL SUPPLY AGREEMENT date of final shipment of an Item to Applied. Alternatively, the Parties may agree to establish a product support period of less than [**], provided Supplier agrees to grant to Applied, or its authorized customers, [**], in a form and on terms acceptable to Applied.
Sample 1

Related to Availability Assurance

  • Service Availability You understand that Service availability is at all times conditioned upon the corresponding operation and availability of the communication systems used in communicating your instructions and requests to the Credit Union. We will not be liable or have any responsibility of any kind for any loss or damage thereby incurred by you in the event of any failure or interruption of such communication systems or services resulting from the act or omission of any third party, or from any other cause not reasonably within the control of the Credit Union.

  • High Availability Registry Operator will conduct its operations using network and geographically diverse, redundant servers (including network-­‐level redundancy, end-­‐node level redundancy and the implementation of a load balancing scheme where applicable) to ensure continued operation in the case of technical failure (widespread or local), or an extraordinary occurrence or circumstance beyond the control of the Registry Operator. Registry Operator’s emergency operations department shall be available at all times to respond to extraordinary occurrences.

  • EPP service availability Refers to the ability of the TLD EPP servers as a group, to respond to commands from the Registry accredited Registrars, who already have credentials to the servers. The response shall include appropriate data from the Registry System. An EPP command with “EPP command RTT” 5 times higher than the corresponding SLR will be considered as unanswered. If 51% or more of the EPP testing probes see the EPP service as unavailable during a given time, the EPP service will be considered unavailable.

  • Utilization Management Contractor shall maintain a utilization management program that complies with applicable laws, rules and regulations, including Health and Safety Code § 1367.01 and other requirements established by the applicable State Regulators responsible for oversight of Contractor.

  • General Availability The commitment to availability specified in the letter of appointment shall be subject to mutually acceptable revision. Such revision will occur once per year, or, if mutually agreed between the Employer and the employee, on a more frequent basis. The Employer will issue a revised letter of appointment to reflect approved changes to employee’s general availability.

  • Availability Control Personal Data will be protected against accidental or unauthorized destruction or loss.

  • Product Availability Under no circumstances shall Company be responsible to Representative or anyone else for its failure to fill accepted orders, or for its delay in filling accepted orders, when such failure or delay is due to strike, accident, labor trouble, acts of nature, freight embargo, war, civil disturbance, vendor problems or any cause beyond Company's reasonable control.

  • DNS service availability Refers to the ability of the group of listed-­‐as-­‐authoritative name servers of a particular domain name (e.g., a TLD), to answer DNS queries from DNS probes. For the service to be considered available at a particular moment, at least, two of the delegated name servers registered in the DNS must have successful results from “DNS tests” to each of their public-­‐DNS registered “IP addresses” to which the name server resolves. If 51% or more of the DNS testing probes see the service as unavailable during a given time, the DNS service will be considered unavailable.

  • Minimum Availability Borrower shall have minimum availability immediately following the initial funding in the amount set forth on the Schedule.

  • System Availability Although we will try to provide continuous access to the Service, we cannot and do not guarantee that the Service will be available 100% of the time and will not be liable in the event Service is unavailable. Actual service or network performance is dependent on a variety of factors outside of our control. If you notify us within twenty-four (24) hours and we confirm an outage consisting of a period of two (2) hours in any calendar month, and not due to any service, act, or omission of you, a third party, your applications, equipment or facilities, or reasons outside of our control, you shall be eligible for a service credit. A service credit shall be computed as a pro-rated charge for one day of the regular monthly fees for the Service in the next monthly statement. Intermittent service outages for periods of less than two (2) hours are not considered service outages. Outages caused by routine scheduled maintenance are also not considered an outage. You shall receive advance notice no less than forty-eight (48) hours in advance of our scheduled maintenance. Scheduled maintenance will be performed between 12:00 a.m. and 6:00 a.m. CST.

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