MODIFICATION OF PRODUCTS. SUPPLIER shall give DISTRIBUTOR at least thirty (30) days prior written notice of all engineering modifications that will affect products in DISTRIBUTOR’s inventory if such changes affect form, fit, or function, or if the modifications will preclude or materially limit the salability of DISTRIBUTOR’s affected inventory of Products once the engineering modifications are implemented. SUPPLIER shall work with DISTRIBUTOR to move the affected inventory through resale or repurchase for ninety (90) days following such notification. If, after the above efforts, affected Product still remains in DISTRIBUTOR’s inventory, SUPPLIER agrees to replace it with upgraded Products within one hundred twenty (120) days of the official public announcement of such modification or SUPPLIER’s first shipment of the modified Product, whichever occurs first. SUPPLIER shall pay all freight and shipping charges in connection with any such returns or replacements. Returns of Products under this Subsection 8.2 shall not be counted as “stock rotation” for purposes of computing the amount of Products returnable by DISTRIBUTOR under Subsection 7.1.
MODIFICATION OF PRODUCTS. Distributor may not customize, modify or have customized or modified any Product unless it obtains the prior written consent of Developer, which consent may be withheld in the sole discretion of Developer.
MODIFICATION OF PRODUCTS. Distributor may not customize, modify or have customized or modified any Product unless it obtains the prior written consent of Conor, which consent may be withheld in the sole discretion of Conor. Any unauthorized customizing or modification of any Product by Distributor or any third party shall relieve Conor from any obligation it would otherwise have had with respect to such Product under the warranties described herein.
MODIFICATION OF PRODUCTS. Any Product modification developed specifically for Control4 by Supplier shall be work made for hire and shall be the property of Control4 (including but not limited to all IP, documentation, and tooling). All such modifications will be maintained with latest, up to date information/items, and shall be deemed to be Control4 Confidential.
MODIFICATION OF PRODUCTS. A. MANUFACTURER shall give DISTRIBUTOR at least ninety (90) days prior written notice of all engineering modifications that will affect Products in DISTRIBUTOR'S inventory if such changes affect form, fit, or function. If these modifications preclude or materially limit DISTRIBUTOR'S inventory from selling once the engineering modifications are implemented. MANUFACTURER will work with DISTRIBUTOR to move the affected inventory through resale or repurchase for ninety (90) days. If after the above efforts, affected Product still remains in DISTRIBUTOR'S inventory, MANUFACTURER agrees to replace it with upgraded Products within one hundred twenty (120) days of the official public announcement of such modification or MANUFACTURERS first shipment of the modified Product, whichever occurs first.
B. MANUFACTURER shall pay all freight and shipping charges in connection with any such return or replacements. DISTRIBUTOR shall not count returns of Products under this section as "stock rotation" for purposes of computing the amount of Products returnable.
MODIFICATION OF PRODUCTS. 7.1. Aspect shall inform Drager
(a) about planned modifications of Aspect's BIS Module Kit, Aspect's BIS Sensors, [**] and modifications relating to BIS of Aspect's stand alone Monitor,
(b) of any modification which will affect the approval of the Products or the Drager Workplace and /or the proper function within the Drager Workplace. In case (b), Aspect shall not be allowed to modify Aspect's BIS Module Kit, Aspect's BIS Sensor or [**] sold to Drager without Dragxx'x xxxor written consent. Additionally Drager shall have the right to decide if Drager wishes to take over the modification. If Drager refuses to take over the modification, Aspect shall be obliged to deliver the unmodified Aspect BIS Module Kit, Aspect's BIS Sensors and [**] for a period of eighteen (18) months beginning with the date Drager announces its decision. After this eighteen-months period Aspect can cease to deliver the unmodified Aspect BIS Module Kit, Aspect's BIS Sensors or [**]. In the event that Aspect believes that a modification or improvement relates to patient safety, Drager will accept these modifications under the condition that Aspect will agree to repair or replace Aspect's BIS Module Kits, Aspect's BIS Sensors or [**] previously provided to Drager or Drager customers at no charge. Confidential Materials omitted and filed separately with the Securities and Exchange Commission. Asterisks denote omissions.
7.2. Drager shall promptly inform Aspect of any proposed modification which will affect Aspect product approval.
MODIFICATION OF PRODUCTS. 15.1 DISTRIBUTOR shall have the right to add notations or markings to the Product packaging with respect to meeting requirements of DISTRIBUTOR warehouse automation and operating systems. Neither DISTRIBUTOR nor its customers shall have the right to make any other modifications to the Products or Product packaging.
15.2 Supplier may consult with DISTRIBUTOR with respect to new Products and any design changes or modifications to Products; however, Supplier shall not be required to use the input, suggestions or advice provided by DISTRIBUTOR.
15.3 Supplier shall provide DISTRIBUTOR with written notice of all material Product modifications or Product packaging modifications not less than thirty (30) days prior to the last order date for the unmodified Product, including shipping case dimensions and weight.
MODIFICATION OF PRODUCTS. Cougar may, in its sole discretion, modify the Product to avoid such infringement.
MODIFICATION OF PRODUCTS. (1) Prior to the sale or delivery of the Vehicles to Clients, the Dealer shall not:
A. make any additions, modifications, changes or adjustments that may adversely affect the function, durability, stability, reliability, quality or safety of the Vehicles;
B. make or allow any other person to make any modification to the Vehicles or make any additions, modification, changes or adjustments inconsistent with the technology, machinery, function or any other specification provided by the Company.
(2) if the Dealer breaches Article 11.4, the quality warranty provided by the Company shall terminate immediately, and if such Vehicle is sold by the Dealer, the Dealer shall:
A. inform its clients of the nature and degree of such additions, modifications, changes or adjustments;
B. inform its clients of the termination of the quality warranty in respect of such Vehicle provided by the Company; The Dealer shall assume any and all liabilities with respect to the losses arising from its breach of Article 11.4.
(3) If the Dealer or any other person acting on behalf of the Dealer installs any accessories, adds any equipment or maintenance equipment in or to the Vehicle prior to the delivery of such Vehicle by the Dealer to the client, the Dealer shall inform the client that the quality warranty provided by the company does not apply to such accessories and additions.
(4) In case of any additions, modifications, changes or adjustments to/of the Original Spare Parts made by the Dealer or any other person permitted by the Dealer without prior written consent of the Company, the quality warranty provided by the Company on such Original Spare Parts shall immediately terminate.
MODIFICATION OF PRODUCTS. 13.1 All Products marketed by Distributor shall be sold only in the form as packaged by AMS. Distributor shall not alter or change Product or its package, prior to sale.
13.2 AMS shall not, without the Distributor's prior written consent, make any process or design changes affecting regulatory status or Product specifications of Products in the Territories
13.3 AMS will affix "Distributed by Hewlett-Packard" labels as requested by Distributor. Confidential Materials omitted and filed separately with the Securities and Exchange Commission. Asterisks denote omissions. MEDICAL PRODUCTS DISTRIBUTION AGREEMENT
13.4 AMS shall provide Distributor written notice of all Product discontinuances [**] months prior to the last order date.
13.5 AMS agrees to [**] for all [**] to the [**].
