Common use of MATERIAL AVAILABILITY Clause in Contracts

MATERIAL AVAILABILITY. 23.1 TAEC shall give Customer reasonable advance notice of its intent to discontinue the manufacture of those Products included in this Agreement. Such notice shall be no less than twelve (12) months in advance of the last order date. Customer shall have a twelve (12) month order placement period and must take receipt of the Products within eighteen (18) months of notification of the discontinuance. 23.2 After receipt of such notice of discontinuance, Customer may determine its Life Time Buy (LTB) quantity under the following conditions: (a) the quantity shall be by mutual agreement and (b) the price shall be negotiated at the time TAEC gives notice of the discontinuance.

Appears in 8 contracts

Samples: Design and Production Agreement (Netlist Inc), Design and Production Agreement (Netlist Inc), Design and Production Agreement (Netlist Inc)

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