Late Delivery of / Non Conforming Purchaser Furnished Items. Section 10 of the Statement of Work sets forth a listing of Purchaser Furnished Items and the delivery date for such Purchaser Furnished Items. Any intermediate deliveries of Purchaser Furnished Items that may be agreed upon by the Parties shall be considered Purchaser Furnished Items. The late delivery or unavailability of Purchaser Furnished Items, including, as a result of repair or replacement of non-conforming Purchaser Furnished Items as provided for below, individually or combined, shall be considered an event beyond the reasonable control of Contractor. In such case, Purchaser and Contractor shall discuss an equitable adjustment to the Deliverables Schedule and other materially affected terms of the Contract, provided that: (a) such late delivery or unavailability of Purchaser Furnished Items was not due to the fault of or caused by the Contractor; (b) Contractor promptly notifies Purchaser in writing of any applicable late delivery or unavailability of Purchaser Furnished Items and the expected impacts resulting therefrom; and (c) Contractor uses reasonable efforts to avoid and/or mitigate the effect of the late delivery or unavailability of Purchaser Furnished Items. Purchaser shall coordinate Contractor’s access to and use of Purchaser Furnished Items not physically delivered to the Contractor, and the Parties agree and acknowledge that scheduled maintenance or ordinary course repair of such Purchaser Furnished Items shall not be subject to the terms of this Article 6.5. Notwithstanding the foregoing, Purchaser shall, on a reasonable efforts basis, provide Contractor access to and use of the relevant portions of the Block 1 System Test Bed on a non-interference basis for periods of time to be agreed by the Parties. In addition, Purchaser shall promptly notify Contractor in writing of any event which may delay or prevent the performance by Purchaser of any of its obligations under this Contract which may cause Contractor to be delayed, to incur additional costs, or both. If, after Contractor’s receipt, the Purchaser Furnished Items are determined not to be in conformance with the requirements of the Contract, Purchaser shall, at its own expense, promptly repair or replace such defective or non conforming Purchaser Furnished Items to the extent such repair or replacement is practicable. When Purchaser Furnished Items are to be used on a timeshare or mutual basis for both Purchaser’s and Contractor’s activities, Purchaser shall, on a reasonable eff...
