Discontinued Products. If a product or model is discontinued by the manufacturer, Contractor may substitute a new product or model if the replacement product meets or exceeds the specifications and performance of the discontinued model and if the discount is the same or greater than the discontinued model.
Discontinued Products. Wazuh may discontinue Oerings providing Partner wrien notice (which may be in the form of a posted notice on the Partner Console or by email) of such discontinuance. Wazuh shall fulfill Order(s) for discontinued Oerings if such Order was accepted by Wazuh prior to the notice of discontinuance. Xxxxx and Partner shall work together to address Partner’s quotations based on Wazuh quotations for recently announced discontinued Oerings.
Discontinued Products. ECM Industries LLC may modify or discontinue Products at any time without prior notice to Customer. A change in a Product may occur after a Customer places an order but before ECM Industries LLC ships the Products. As a result, the Products a Customer receives might display minor differences from Products requested in a Customer order. However, modified or substituted Products will meet or exceed all material specifications of the original Products requested in such order. Discontinued Standard Products are nonreturnable.
Discontinued Products. COMPANY, in its sole discretion, may (i) discontinue or limit the manufacture and/or sale of any Products, and (ii) modify the design, specifications or construction of any COMPANY Products, or portion thereof (provided that, for COMPANY’s commitments to Representative under accepted orders, the modification has equivalent form, fit and function), but COMPANY shall not thereby incur any obligation to provide such modification(s) on COMPANY Products previously purchased by Representative. COMPANY shall give Representative at least one [***] Confidential treatment has been requested for the bracketed portions. The confidential redacted portion has been omitted and filed separately with the Securities and Exchange Commission. hundred and eighty (180) days advance written notice of any discontinuance. When faced with shortages, COMPANY shall allocate, limit or terminate the production and sale of COMPANY Products in its sole discretion. COMPANY shall not in any event incur any liability arising out of or related to the exercise of its rights under this Section 11.
Discontinued Products. Aspect agrees to notify HP in writing not less than [**] in advance of the discontinuance of any Aspect Product. HP shall be able to place orders for at least [**] after receipt of the written notice in any case. In addition, HP shall be entitled to determine its lifetime-buy quantities and place a corresponding last purchase order.
Discontinued Products. Co-Host may, during the term of this Agreement, obtain a credit for the price paid by Co-Host to be applied against current or future invoices, for all versions of Products shipped by NAI within the previous ninety (90) days that NAI discontinues or which are removed from NAI's current retail price list. Such credit will be equal to the price paid by Co-Host for such obsolete Products, less discounts received under Section 5 of this Agreements. All such discontinued Products will be counted and inspected at the Inspection Site by NAI's employee, and upon NAI's acceptance thereof (which will be a condition of Co-Host's eligibility for a credit hereunder) such Products will be promptly and completely destroyed or, if requested by NAI, such Products or any portion thereof will be returned to NAI as it directs. No Product shall be deemed discontinued if a later version of the Product is still being offered by NAI and end users may obtain the current version of such Product from NAI electronically at no additional charge.
Discontinued Products. If, during the Term, Vendor should discontinue any Product, product line or business segment, Vendor shall provide Customer with notice of such discontinuation. The decision to discontinue any Product, product line or business segment shall be in Vendor’s sole discretion and shall not constitute a breach of this Agreement. In the event that Vendor’s discontinuation of a Product, product line or business segment materially and adversely affects Customer’s rights and obligations concerning remaining Products, product lines or business segments, the Parties shall negotiate in good faith an amendment to this Agreement with an equitable modification of those rights and obligations. In the event the Parties are unable to reach agreement on such an amendment, Customer’s sole remedy shall be to terminate this Agreement on sixty (60) days’ written notice to Vendor.
Discontinued Products. Contractor is to notify the Contracting Officer of any changes in their schedule of equipment such as discontinued products or replacement models to continue proper presentation on contract award posting.
Discontinued Products. 1. UNFI performs ongoing product evaluation, and aggressively manages product mix
Discontinued Products. A “Discontinued Product” will mean any Product that Vendor has stopped manufacturing or any Product that undergoes a change in appearance or packaging. Vendor agrees to provide Dealer with at least 90 days advance written notice of the occurrence of a Discontinued Product, or as soon as possible in the event that the discontinuance is caused by actions taken by a supplier of Vendor. Upon notice of a Discontinued Product, Dealer may, without penalty or liability, cancel any outstanding purchase orders pertaining to the Discontinued Product. With respect to Dealer’s existing inventory of Discontinued Product, Dealer may, in its sole discretion, either return such Discontinued Product at any time to Vendor for full credit or refund, or Vendor and Dealer will negotiate a cost markdown of such existing inventory.
