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 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.
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.
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.

Related to Availability Assurance

  • Product Availability The Insurance Companies have qualified the Products for offer and sale under the applicable insurance laws of various states and other jurisdictions. Producers and Registered Representatives shall solicit applications for the Products only in states and jurisdictions where such Products have been so qualified. Producers shall, upon request, be provided with a list of those states and jurisdictions in which the Products have been qualified for sale. The Insurance Companies shall file and make all statements or reports as are or may be required by the laws of such state or jurisdiction to maintain these qualifications in effect.

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

  • Continued Availability and Cooperation (a) Following termination of the Executive’s employment, the Executive shall cooperate fully with the Company and with the Company’s counsel in connection with any present and future actual or threatened litigation, administrative proceeding or investigation involving the Company that relates to events, occurrences or conduct occurring (or claimed to have occurred) during the period of the Executive’s employment by the Company. Cooperation will include, but is not limited to:

  • Availability of Utilities All utility services necessary for the construction of the Improvements will be available prior to the commencement of construction, and all utility services necessary for the proper operation of the Improvements for their intended purposes are available at the Leased Premises or will be available at the Leased Premises prior to the Final Disbursement Date, at commercially comparable utility rates and hook-up charges for the vicinity, including water supply, storm and sanitary sewer facilities, gas, electricity and telephone facilities. Lessee shall furnish evidence of such availability of utilities from time to time at Lessor's request.

  • Performance on Borrower's Behalf If any Restricted Person fails to pay any taxes, insurance premiums, expenses, attorneys' fees or other amounts it is required to pay under any Loan Document, Administrative Agent may pay the same after notice of such payment by Administrative Agent is given to Borrower. Borrower shall immediately reimburse Administrative Agent for any such payments and each amount paid by Administrative Agent shall constitute an Obligation owed hereunder which is due and payable on the date such amount is paid by Administrative Agent.

  • Borrowing Base Compliance After giving effect to the release of the Borrowing Base Property, the Total Outstandings will be less than or equal to the Maximum Loan Amount.

  • FDIC Open-Bank Assistance All obligations under this Agreement shall terminate, except to the extent determined that continuation of the contract is necessary for the continued operation of the Bank, when the Federal Deposit Insurance Corporation enters into an agreement to provide assistance to or on behalf of the Bank under the authority contained in Federal Deposit Insurance Act section 13(c). 12 U.S.C. 1823(c). Rights of the parties that have already vested shall not be affected by such action, however.

  • Benchmark Unavailability Period Upon the Borrower’s receipt of notice of the commencement of a Benchmark Unavailability Period, the Borrower may revoke any pending request for a SOFR Borrowing of, conversion to or continuation of SOFR Loans to be made, converted or continued during any Benchmark Unavailability Period and, failing that, the Borrower will be deemed to have converted any such request into a request for a Borrowing of or conversion to Base Rate Loans. During a Benchmark Unavailability Period or at any time that a tenor for the then-current Benchmark is not an Available Tenor, the component of Base Rate based upon the then-current Benchmark or such tenor for such Benchmark, as applicable, will not be used in any determination of Base Rate.

  • Availability of Earnings Statements The Company shall make generally available to holders of its securities as soon as may be practicable but in no event later than the last day of the fifteenth (15th) full calendar month following the calendar quarter in which the most recent effective date occurs in accordance with Rule 158 of the Rules and Regulations, an earnings statement (which need not be audited but shall be in reasonable detail) for a period of twelve (12) months ended commencing after the effective date, and satisfying the provisions of Section 11(a) of the Act (including Rule 158 of the Rules and Regulations).

  • No Reliance on Administrative Agent’s Customer Identification Program Each Lender acknowledges and agrees that neither such Lender, nor any of its Affiliates, participants or assignees, may rely on the Administrative Agent to carry out such Lender’s, Affiliate’s, participant’s or assignee’s customer identification program, or other obligations required or imposed under or pursuant to the USA Patriot Act or the regulations thereunder, including the regulations contained in 31 CFR 103.121 (as hereafter amended or replaced, the “CIP Regulations”), or any other Anti-Terrorism Law, including any programs involving any of the following items relating to or in connection with any of the Loan Parties, their Affiliates or their agents, the Loan Documents or the transactions hereunder or contemplated hereby: (i) any identity verification procedures, (ii) any recordkeeping, (iii) comparisons with government lists, (iv) customer notices or (v) other procedures required under the CIP Regulations or such other Laws.

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