Common use of Discontinuation After Warranty Period Clause in Contracts

Discontinuation After Warranty Period. In the event that the Vendor discontinues the manufacture of a Product following the expiration of the applicable Warranty Period and the Owner is required to replace an existing Discontinued Product with a new Product in order to maintain performance and functionality, the Owner will receive a credit in an amount equal to the percentage set forth below multiplied by the purchase price paid for such original Product, which credit will be applied against the Vendor's then-current list price for a replacement for such Discontinued Product; provided that the credit will not exceed the Vendor's then-current best list price (as determined by the Customer Price Guide) for such replacement Product subject to the discounts available to the Owner pursuant to Section 26 and the other terms of this Contract: (i) up to and including one year following expiration of the applicable Warranty Period: 40%; (ii) more than one year and up to and including two years following expiration of the applicable Warranty Period: 30%; and (iii) more than two years and up to and including three years following expiration of the applicable Warranty Period: 20%.

Discontinuation After Warranty Period. In the event that the Vendor ------------------------------------- discontinues the manufacture of a Product following the expiration of the applicable Warranty Period and the Owner is required to replace an existing Discontinued Product with a new Product in order to maintain performance and functionality, the Owner will receive a credit in an amount equal to the percentage set forth below multiplied by the purchase price paid for such original Product, which credit will be applied against the Vendor's then-current list price for a replacement for such Discontinued Product; provided that the -------- ---- credit will not exceed the Vendor's then-current best list price (as determined by the Customer Price Guide) for such replacement Product subject to the discounts available to the Owner pursuant to Section 26 and the other terms of this Contract: (i) up to and including one year following expiration of the applicable Warranty Period: 40%; (ii) more than one year and up to and including two years following expiration of the applicable Warranty Period: 30%; and (iii) more than two years and up to and including three years following expiration of the applicable Warranty Period: 20%.