Common use of EXCLUSIVITY IF BRUKER GIVES NOTICE Clause in Contracts

EXCLUSIVITY IF BRUKER GIVES NOTICE. If Bruker gives notice to HP, pursuant to Section 20.1, that it does not want to extend the Engineering Collaboration Period, then neither Party is under any continuing obligation under this Section 20.2. If Bruker gives written notice that it does not want to extend the Engineering Collaboration Period, then for a period of two years from the date that Bruker gives written notice (1) Bruker shall continue to make ITMS systems jointly developed under this agreement available to HP at competitive pricing and performance, as provided in Section 20.3, and (2) HP shall continue to make the components which it is selling to Bruker at the time of the notice available to Bruker at competitive pricing and performance. Both Parties will develop a mutually agreed upon plan to maintain a competitive advantage for instrument pricing and performance compared with other state of art ITMS systems during the post-collaboration period. Both Parties will continue to supply parts to each other beyond the minimum two year period pursuant to Section 20.3.

Appears in 4 contracts

Samples: Itms Collaboration Agreement (Bruker Daltonics Inc), Collaboration Agreement (Bruker Daltonics Inc), Itms Collaboration Agreement (Bruker Daltonics Inc)

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