Discontinued Product. The parties recognize that electronic component suppliers at times discontinue or reduce manufacture of MIL-Standard or MIL Specification parts. In the event a component is no longer stocked or manufactured as part of Seller’s regular product line, the Seller shall notify Buyer of any pending future action to discontinue purchased items through written notification to the cognizant procurement representative.
Discontinued Product. VMSC reserves the right, in its sole and absolute discretion, to discontinue supplying at any Delivery Point any Product or grade or grades of Product, and VMSC shall be relieved of any further liability or obligation to furnish hereunder any discontinued Product, or grade or grades of Product.
Discontinued Product. If Supplier intends to stop offering any Product for sale to Motorola for any reason (“Discontinued Product”), unless a longer period is specified in the applicable Product Schedule, Supplier will give Motorola a minimum of [CONFIDENTIAL TREATMENT] prior written notice, or if Supplier is the only Motorola-qualified source of the Discontinued Product, a minimum of [CONFIDENTIAL TREATMENT] prior written notice (“End of Life Period”). During the End of Life Period, Motorola will a) provide Supplier with a forecast of anticipated demand for the Discontinued Product during the End of Life Period and a final lifetime buy volume forecast; and b) may continue to place Orders for Discontinued Product, with delivery not to exceed [CONFIDENTIAL TREATMENT] from the date of the Order. Additionally, unless Supplier is no longer offering such Discontinued Product for sale to Motorola due to Motorola’s rejection of a PCN provided to Motorola in accordance with Section 8.1 above, Supplier will, at Motorola’s request, (i) deliver to Motorola or its designated third-party manufacturer all materials [CONFIDENTIAL TREATMENT] and (ii) assist Motorola in making alternative supply arrangements for the manufacture and supply of Discontinued Product [CONFIDENTIAL TREATMENT] The obligations of Supplier in both (i) and (ii) are solely for the purpose of allowing, and [CONFIDENTIAL TREATMENT] shall be limited in scope to allow, Motorola to make or have made, sell, offer to sell, import, otherwise dispose of, sublicense and distribute Discontinued Product (but not other parts and products derived therefrom). For purposes of this Section 8.2, Supplier’s Intellectual Property Rights do not include any rights Supplier [CONFIDENTIAL TREATMENT] Supplier agrees that Motorola may [CONFIDENTIAL TREATMENT] in addition to all other remedies to which Motorola may be entitled to at law or in equity.
Discontinued Product. If a Third Party initiates a Proceeding claiming that any Patent Right or Know-How owned by or licensed to such Third Party is infringed by the Development, Manufacture or Commercialization of a Discontinued Product, Isis will have the first right, but not the obligation, to defend against and settle such Proceeding at its sole cost and expense. Biogen Idec will reasonably assist Isis in defending such Proceeding and cooperate in any such litigation at the request and expense of Isis. Each Party may at its own expense and with its own counsel join any defense directed by the other Party. Isis will provide Biogen Idec with prompt written notice of the commencement of any such Proceeding, or of any allegation of infringement of which Isis becomes aware and that is of the type described in this Section 7.4.2, and Isis will promptly furnish Biogen Idec with a copy of each communication relating to the alleged infringement received by Isis.
Discontinued Product. If a Third Party initiates a Proceeding claiming that any Patent Right or Know-How owned by or licensed to such Third Party is infringed by the Development, Manufacture or Commercialization of a Discontinued Product, then Ionis will have the first right, but not the obligation, to defend against and settle such Proceeding at its sole cost and expense. Biogen will reasonably assist Ionis in defending such Proceeding and cooperate in any such litigation at the request and expense of Ionis. Each Party may at its own expense and with its own counsel join any defense directed by the other Party. Ionis will provide Biogen with prompt written notice of the commencement of any such Proceeding, or of any allegation of infringement of which Ionis becomes aware and that is of the type described in this Section 7.4.2, and Ionis will promptly furnish Biogen with a copy of each communication relating to the alleged infringement received by Ionis.
Discontinued Product. 8.2.1 If Supplier intends to stop offering any Product for sale to Motorola for any reason (“Discontinued Product”), unless a longer period is specified in the applicable Product Schedule, Supplier will give Motorola a minimum of [***] prior written notice, [***] (“End of Life Period”). During the End of Life Period, Motorola will a) provide Supplier with a forecast of anticipated demand for the Discontinued Product during the End of Life Period and a final lifetime buy volume forecast; [***] . Additionally, at Motorola’s request, Supplier will work with Motorola in good faith in and assist in making alternative supply arrangements for the manufacture and supply of substitutes for the Discontinued Product.
8.2.2 Notwithstanding anything contained in this Agreement and subject to Supplier following the provisions of Sections 8.1 and 8.2, unless otherwise mutually agreed between the Parties Supplier shall continue to supply each Product as follows:
(i) MDb Products. For mobile device Products, Supplier shall [***]
(ii) All Other Products. For all other Products, Supplier shall [***]
(iii) Except for sole sourced Products, the foregoing shall apply only if [***] . The foregoing time periods stated in Sections 8.2.2(i) through (iii) above include the [***] periods described in 8.2.1. [***]
Discontinued Product. If a Third Party initiates a Proceeding claiming that any Patent Right or Know-How owned by or licensed to such Third Party is infringed by the Development, Manufacture or Commercialization of a Discontinued Product, Xxxx will have the first right, but not the obligation, to defend against and settle such Proceeding at its sole cost and expense. AstraZeneca will reasonably assist Xxxx in defending such Proceeding and cooperate in any such litigation at the request and expense of Xxxx. Each Party may at its own expense and with its own counsel join any defense directed by the other Party. Isis will provide AstraZeneca with prompt written notice of the commencement of any such Proceeding, or of any allegation of infringement of which Xxxx becomes aware and that is of the type described in this Section 7.4.3, and Xxxx will promptly furnish AstraZeneca with a copy of each communication relating to the alleged infringement received by Xxxx.
Discontinued Product. In the event Sagent discontinues sale of any Product, it shall give Distributor prompt notice thereof. Within sixty (60) days following the date of such discontinuation notice, Distributor may elect to return for credit against future purchases hereunder any of the discontinued Products (including samples) purchased by Distributor during the three (3) months prior to the date of such notice which have not been used or sold and which are in Distributor's inventory as of the date of that notice from Sagent.
Discontinued Product. Parent will not discontinue the manufacture and supply of any Product SKU without SpinCo’s prior written consent. Following SpinCo’s consent, if applicable, the Parties shall update Exhibit A to remove such Product SKU, and SpinCo shall no longer have the right to place Purchase Orders with respect to such Product SKU.
Discontinued Product. The parties agree and acknowledge that this Section 8 is applicable only to Products purchased by Dealer from Vendor.
