Common use of CHANGES IN LICENSED MATERIALS Clause in Contracts

CHANGES IN LICENSED MATERIALS. Prior to shipment, Seller at its option may at any time modify the Specifications relating to its Licensed Materials, provided the modifications, under normal and proper Use, do not materially adversely affect the Use, function, or performance of the ordered Licensed Materials. Unless otherwise agreed in writing, such substitution shall not result in any additional charges to Customer with respect to licenses for which Seller has quoted fees to Customer.

Appears in 6 contracts

Samples: General Agreement (Birch Telecom Inc /Mo), General Agreement (Choice One Communications Inc), General Agreement (Birch Telecom Inc /Mo)

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CHANGES IN LICENSED MATERIALS. Prior to shipment, Seller at its option may at any time modify the Specifications relating to its Licensed Materials, provided the modifications, under normal and proper Use, do not materially adversely affect the Use, function, or performance of the ordered Licensed Materials. Unless otherwise agreed in writing, such substitution shall not result in any additional charges to Customer with respect to licenses for which Seller has quoted fees to Customer.. Lucent Technologies Proprietary 21 26

Appears in 2 contracts

Samples: General Agreement (Fibernet Telecom Group Inc\), General Agreement (Fibernet Telecom Group Inc\)

CHANGES IN LICENSED MATERIALS. Prior to shipment, Seller at its option may at any time modify the Specifications relating to its Licensed Materials, provided the modifications, under normal and proper Use, do not materially reduce or adversely affect the Use, functionFunction, or performance of the ordered Licensed Materials. Unless otherwise agreed in writing, such substitution shall not result in any additional charges to Customer with respect to licenses for which Seller has quoted fees to Customer.

Appears in 1 contract

Samples: Agreement (Jato Communications Corp)

CHANGES IN LICENSED MATERIALS. Prior to shipment, Seller at its option may at any time modify the Specifications specifications relating to its Licensed MaterialsMaterials and shall provide notification thereof to Customer prior to such shipment. Seller may substitute modified Licensed Materials to fill an Order, provided the modifications, under normal and proper Use, do not materially adversely affect the Use, functionFunction, or performance of the ordered Ordered Licensed MaterialsMaterials or the Function of the related Products in accordance with the Specifications. Unless otherwise agreed in writingagreed, such substitution shall not result in any additional charges to Customer with respect to licenses for which Seller has quoted fees to Customer.

Appears in 1 contract

Samples: Agreement for Procurement of Personal Communications Services Products, Licensed Materials and Services (Next Wave Wirelesss Inc)

CHANGES IN LICENSED MATERIALS. Prior to shipment, Seller at its option Vendor may at any time modify the Specifications specifications relating to its Licensed Materials. Vendor may substitute modified Licensed Materials to fill an order, provided the modifications, under normal and proper Use, do not materially adversely affect the Use, functionFunction, or performance of the ordered Licensed Materials. Unless otherwise agreed in writingagreed, such substitution shall not result in any additional charges to Customer with respect to licenses for which Seller Vendor has quoted fees to Customer.

Appears in 1 contract

Samples: General Agreement for Purchase of Personal Communications Services Systems (Ntelos Holdings Corp)

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CHANGES IN LICENSED MATERIALS. Prior to shipment, Seller at its option may at any time modify the Specifications relating to its Licensed Materials, provided the modifications, under normal and proper Use, do not materially adversely affect the Use, function, or performance of the ordered Licensed Materials, as determined by Customer in its reasonable discretion. Unless otherwise agreed in writing, such substitution shall not result in any additional charges to Customer with respect to licenses for which Seller has quoted fees to Customer.

Appears in 1 contract

Samples: General Agreement (Allegiance Telecom Inc)

CHANGES IN LICENSED MATERIALS. Prior to shipment, Seller at its option may at any time modify the Specifications specifications relating to its Licensed Materials. Seller may substitute modified Licensed Materials to fill an order, provided the modifications, under normal and proper Use, do not materially adversely affect the Use, functionFunction, or performance of the ordered Licensed Materials. Unless otherwise agreed in writingagreed, such substitution shall not result in any additional charges to Customer with respect to licenses for which Seller has quoted fees to Customer.. Lucent Technologies Inc. Proprietary

Appears in 1 contract

Samples: General Purchase Agreement (Dobson Communications Corp)

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