Common use of Continuing Availability Clause in Contracts

Continuing Availability. Supplier shall offer for sale to Company, during the term of this Agreement and for at least six (6) months after the expiration of this Agreement, MATERIAL conforming to the Specifications set forth in this Agreement. Supplier further shall offer for sale to Company, during the term of this Agreement and until [*] after the expiration of this Agreement, maintenance, replacement, and repair parts ("Parts") which are functionally equivalent for the MATERIAL covered by this Agreement. The price for the MATERIAL and Parts shall be the price set forth in Supplier's then current agreement with Company for said MATERIAL or Parts or, if no such agreement exists, at a price agreed upon by Company and Supplier. If the parties fail to agree on a price, the price shall be a reasonably competitive price for said MATERIAL or Parts at the time for delivery. The MATERIAL and Parts shall be warranted as set forth in the "WARRANTY" section of this Agreement. The term "

Appears in 2 contracts

Samples: Oem Purchase Agreement (Packeteer Inc), Oem Purchase Agreement (Packeteer Inc)

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Continuing Availability. Supplier shall offer for sale to Company, during the term of this Agreement and for at least six (6) months after the expiration of this Agreement, MATERIAL conforming to the Specifications set forth in this Agreement. Supplier further shall offer for sale to Company, during the term of this Agreement and until [***] ([***]) years after the expiration of this Agreement, maintenance, replacement, and repair parts ("Parts") which are functionally equivalent and identical in form and fit for the MATERIAL covered by this Agreement. The price for the MATERIAL and Parts shall be the price set forth in Supplier's then current agreement with Company for said MATERIAL or Parts or, if no such agreement exists, at a price agreed upon by Company and Supplier. If the parties fail to agree on a price, the price shall be a reasonably competitive price for said MATERIAL or Parts at the time for delivery. The MATERIAL and Parts shall be warranted as set forth in the "WARRANTY" section of this Agreement. The term "

Appears in 1 contract

Samples: Oem Purchase Agreement (Turnstone Systems Inc)

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Continuing Availability. Supplier shall offer for sale to Company, during the term of this Agreement and for at least six (6) months after the expiration of this Agreement, MATERIAL conforming to the Specifications set forth in this Agreement. Supplier further shall offer for sale to Company, during the term of this Agreement and until [*] * * * after the expiration of this Agreement, maintenance, replacement, and repair parts ("Parts") which are functionally equivalent for the MATERIAL covered by this Agreement. The price for the MATERIAL and Parts shall be the price set forth in Supplier's then current agreement with Company for said MATERIAL or Parts or, if no such agreement exists, at a price agreed upon by Company and Supplier. If the parties fail to agree on a price, the price shall be a reasonably competitive price for said MATERIAL or Parts at the time for delivery. The MATERIAL and Parts shall be warranted as set forth in the "WARRANTY" section of this Agreement. The term "

Appears in 1 contract

Samples: Oem Purchase Agreement (Packeteer Inc)

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