Equipment Upgrades. (a) Equipment Upgrades will be provided to the Owner by the Vendor at no charge to the Owner as provided in subsection 14.2.1(b) below. Equipment Enhancements must be provided to the Owner by the Vendor, if requested by the Owner, and the Owner is obligated to make payment therefor in an amount that is specified on the B Exhibits. If the Vendor at any time issues an Equipment Upgrade which is combined with any Equipment Enhancement (collectively, the "Equipment Combined Release") to such Equipment, the Equipment Combined Release will be provided at no charge to the Owner unless and until the Owner uses any of the Equipment Enhancements included within the Equipment Combined Release, provided such use by Owner of such Equipment is optional without losing the benefit of the Equipment Upgrade.
(i) After a Product has been shipped to the Owner, if the Vendor issues an Equipment Upgrade or Equipment Enhancement, or where a modification to correct an error in field documentation is to be introduced, the Vendor will promptly notify the Owner of such change through the Vendor's design change management system or another Vendor notification procedure. Each change notification, whether or not it bears a restrictive legend, will be subject to the confidentiality obligations provided in subsection 26.18, except that such information may be reproduced by the Owner for the Owner's use as required within the System. If the Vendor has engineered, furnished, and installed a Product which is subject to an Equipment Upgrade, the Vendor will implement such change, at its sole cost and expense, if it is announced within [*] for the AXE switch and [*] for all other Products from the date of shipment of that Product, and subject to the reasonable review and acceptance of the Owner at such times as the Owner reasonably determines that it needs to review such Vendor decision, by either (A) modifying the Product at the Owner's site; (B) modifying the Product which the Owner has returned to the Vendor in accordance with the Vendor's reasonable instructions pursuant to and in [*] Certain material (indicated by an asterisk) has been omitted from this document pursuant to a request for confidential treatment. The omitted material has been filed separately with the Securities and Exchange Commission.
Equipment Upgrades. (a) Equipment Upgrades will be provided to the Owner by the Vendor at no charge to the Owner as provided in subsection 13.1(b) below. Equipment Enhancements must be provided to the Owner by the Vendor, if requested by the Owner, and the Owner is obligated to make payment therefor in an amount that is no higher than that payable by any Customer other than the Owner, which amount of payment will be adjusted as set forth in subsections 6.2, 7.2 and 27.16
Equipment Upgrades. Unless otherwise agreed to by the Parties, relocation costs shall not include the installation of any Equipment by the Company for the purpose of providing an up-graded service, which shall be at the sole cost of the Company. The Parties agree that the Relocation Costs to be allocated between the parties shall be based on the use of the same approximate quantity, quality and type of Equipment and manner of construction for the new installation as was used for the original, subject to any adjustments required due to:
Equipment Upgrades. Unless otherwise agreed to by the Parties, Relocation Costs shall not include the installation of any Equipment by the Company for the purpose of providing an up-graded service, which shall be at the sole cost of the Company. The Parties agree that the Relocation Costs to be allocated between the parties shall be based on the use of the same approximate quantity, quality and type of Equipment and manner of construction for the new installation as was used for the original, subject to any adjustments required due to:
(a) technological change or industry construction methods;
(b) the need for an installation of greater length or other modifications due to, for example, space constraints or the presence of third party equipment; or
(c) the undergrounding of aerial Equipment where required as part of the relocation where cost sharing is permitted under this Agreement.
Equipment Upgrades. When the equipment furnished has greater capacity, contains additional facilities, or is of a higher classification than that agreed to for the assigned move, charges will be based on rates applicable to the equipment initially agreed upon.
Equipment Upgrades. Systems upgrades applicable to the Equipment will be performed by Zeiss, upon the written request of the Customer, at fair and reasonable market prices including travel expenses and shipping charges.
Equipment Upgrades. During the term of any Capacity Purchase Agreement, Services (or the designated Subsidiary of 360) shall have the option to elect from time to time to increase the capacity of all or any part of the Strands on the following terms:
(a) If Services desires that Urbanlink replace or upgrade its telecommunications equipment, or add additional telecommunications equipment, in order to increase the capacity available to Services or the designated Subsidiary of 360, then Services (or the designated Subsidiary of 360) shall provide notice in writing to Urbanlink specifying its request in reasonable detail.
(b) Within 15 days thereafter, representatives of 360 and Urbanlink shall meet to discuss such request, and shall negotiate reasonably and in good faith to reach mutual agreement on terms acceptable to both 360 and Urbanlink, acting reasonably, for payments and cost recovery, such terms to be consistent with the reasonable needs and requirements of Services, the designated Subsidiary of 360, Urbanlink, and the customers of Services and any designated Subsidiary of 360.
Equipment Upgrades. NEXX agrees to provide on-going equipment upgrades to the Stratus S300FX plating tool from Section 5.17.1 [*] for the duration of the Agreement. Such upgrades will be mutually agreed and necessary to execute this agreement.
Equipment Upgrades. Investment in equipment upgrades: (i)
Equipment Upgrades. Regular employees desiring training to operate equipment of a higher-grade classification within the department they work in shall be trained by qualified personnel designated by the City Engineer or his designee. The time and place of training will be selected by mutual agreement.
