Common use of Naming Other Vendors Clause in Contracts

Naming Other Vendors. Each party agrees to have written internal procedures that require such party to name the other parties when customers ask who intends to be a source for transceivers as described in this Agreement. Each party agrees for such procedures to require it to name the others regardless as to whether another of the parties has already supplied similar transceiver products to that customer. An example of suggested wording is: “Agilent, Blaze Networks, E2O, ExceLight, Finisar, Fujikura, Hitachi Cable, Infineon, IBM, Lucent, Molex, OCP, Picolight, Stratos Lightwave, and Tyco have signed a Cooperation Agreement relating to the establishment of Small Form-factor Pluggable transceivers for multimode and single mode fiber operating up to 5.0 Gb/s data rates.” The parties are not obligated to provide any information other than the identities of the other parties. The requirements of this provision are met entirely if a party has the aforementioned written procedures and they are made available to its sales force in the same way as are other sales related procedures.