Common use of Equipment Fixes Clause in Contracts

Equipment Fixes. In the event that any Equipment Upgrade or Equipment Enhancement, directly or indirectly, supplied by the Vendor during the appropriate [*] or [*] period following the Effective Date or during [*] period following the date of shipment of such Equipment Upgrade or Equipment Enhancement, has the effect of preventing any System or any part thereof from satisfying, or performing in accordance with, the Specifications or otherwise adversely affects the functionality, interoperability or features of any System, or any part thereof then the Vendor shall without any charge to the Owner promptly retrofit or take such other corrective action as may be necessary to assure that any System or any such affected part, as modified to include each such Equipment Upgrade and Equipment Enhancement, shall satisfy, and perform in accordance with, the Specifications and restore all pre-existing functionality and features as well as provide any features and functionality provided by any of the foregoing modifications.

Appears in 3 contracts

Samples: Memorandum of Agreement (Leap Wireless International Inc), Memorandum of Agreement (Leap Wireless International Inc), System Equipment Purchase Agreement (Leap Wireless International Inc)

AutoNDA by SimpleDocs

Equipment Fixes. In the event that any Equipment Upgrade Update or Equipment EnhancementUpgrade, directly or indirectly, supplied by the Vendor during the appropriate [*] Warranty Period or [*] any other period following during which the Effective Date or during [*] period Company pays Annual Maintenance Fees following the date of shipment Installation of such Equipment Upgrade Update or Equipment EnhancementUpgrade in any System, has the effect of preventing any Product, System or any part thereof from satisfying, or performing in accordance with, the Specifications or otherwise adversely affects the functionality, interoperability or features of any Product, System, or any part thereof then the Vendor shall without any charge to the Owner any Company promptly retrofit or take such other corrective action as may be necessary to assure that any Product, System or any such affected part, as modified to include each such Equipment Upgrade Update and Equipment EnhancementUpgrade, shall satisfy, and perform in accordance with, the Specifications and restore all pre-existing functionality and features as well as provide any features and functionality provided by any of the foregoing modifications.

Appears in 1 contract

Samples: System Equipment Purchase Agreement (Leap Wireless International Inc)

Equipment Fixes. In the event that any Equipment Upgrade or --------------- Equipment Enhancement, directly or indirectly, supplied by the Vendor during the appropriate [*] or [*] period following the Effective Date or during the [*] period following the date of shipment of such Equipment Upgrade or Equipment Enhancement, has the effect of preventing any System or any part thereof from satisfying, or performing in accordance with, the Specifications or otherwise adversely affects the functionality, interoperability or features of any System, or any part thereof then the Vendor shall without any charge to the Owner promptly retrofit or take such other corrective action as may be necessary to assure that any System or any such affected part, as modified to include each such Equipment Upgrade and Equipment Enhancement, shall satisfy, and perform in accordance with, the Specifications and restore all pre-existing functionality and features as well as provide any features and functionality provided by any of the foregoing modifications.

Appears in 1 contract

Samples: System Equipment Purchase Agreement (Leap Wireless International Inc)

AutoNDA by SimpleDocs

Equipment Fixes. In the event that any Equipment Upgrade or Equipment Enhancement, directly or indirectly, supplied by the Vendor during the appropriate [*] or [**] period following the Amended and Restated Effective Date or during the [***] period following the date of shipment of such Equipment Upgrade or Equipment Enhancement, has the effect of preventing any System Expansion or any part thereof from satisfying, or performing in accordance with, the Specifications or otherwise adversely affects the functionality, interoperability or features of any System, or any part thereof then the Vendor shall without any charge to the Owner promptly retrofit or take such other corrective action as may be necessary to assure that any System Expansion or any such affected part, as modified to include each such Equipment Upgrade and Equipment Enhancement, shall satisfy, and perform in accordance with, the Specifications and restore all pre-existing functionality and features as well as provide any features and functionality provided by any of the foregoing modifications.

Appears in 1 contract

Samples: System Equipment Purchase Agreement (Leap Wireless International Inc)

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!