Common use of Notice to Xxxxxxxxx Clause in Contracts

Notice to Xxxxxxxxx. Subject to Section 18.1.1 above, SIRONA agrees that it will give to Xxxxxxxxx at least [*****] prior notice of the market introduction of any major functionality change to a Contractual Product to allow sufficient time for Xxxxxxxxx to deplete its then-current inventory. A “Major Functionality Change” is defined as: (1) a hardware change that will (x) significantly expand the range of indication for the user, or (y) enable the operation of a software program that is scheduled to be released within the [*****] following the hardware change; or (2) a software upgrade that will not operate on a version of the hardware that has been delivered to Xxxxxxxxx in the [*****] period prior to ‘introduction of the upgrade. If the aforesaid [*****] notice is not given, then, as Xxxxxxxxx’x sole and exclusive remedy, SIRONA will, in its sole discretion, update or replace, free of charge, any noncompatible Contractual Products delivered to Xxxxxxxxx during the [*****] period prior to the rollout of the Major Functionality Change.

Appears in 2 contracts

Samples: www.sec.gov, Cam Distributorship Agreement (Sirona Dental Systems, Inc.)

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Notice to Xxxxxxxxx. Subject to Section 18.1.1 16.1.1 above, SIRONA agrees that it will give to Xxxxxxxxx at least [*****] prior notice of the market introduction of any major functionality change to a Contractual Product to allow sufficient time for Xxxxxxxxx to deplete reduce its then-current inventory. A “Major Functionality Change” is defined as: (1) a hardware change that will (x) significantly expand the range of indication for the user, user or (y) enable the operation of a software program that is scheduled to be released within the [*****] following the hardware change; or (2) a software upgrade that will not operate on a version of the hardware that has been delivered to Xxxxxxxxx in the [*****] period prior to ‘introduction of the upgrade. If the aforesaid *****Confidential 21 [*****] notice is not given, then, as Xxxxxxxxx’x sole and exclusive remedy, SIRONA will, in its sole discretion, update or replace, free of charge, any noncompatible Contractual Products delivered to Xxxxxxxxx during the [*****] period prior to the rollout of the Major Functionality Change.

Appears in 2 contracts

Samples: Distributorship Agreement, Distributorship Agreement (Sirona Dental Systems, Inc.)

Notice to Xxxxxxxxx. Subject to Section 18.1.1 16.1.1 above, SIRONA agrees that it will give to Xxxxxxxxx at least [*****] prior notice of the market introduction of any major functionality change to a Contractual Product to allow sufficient time for Xxxxxxxxx to deplete reduce its then-current inventory. A “Major Functionality Change” is defined as: (1) a hardware change that will (x) significantly expand the range of indication for the user, user or (y) enable the operation of a software program that is scheduled to be released within the [*****] following the hardware change; or (2) a software upgrade that will not operate on a version of the hardware that ***** Confidential has been delivered to Xxxxxxxxx in the [*****] period prior to ‘introduction of the upgrade. If the aforesaid [*****] notice is not given, then, as Xxxxxxxxx’x sole and exclusive remedy, SIRONA will, in its sole discretion, update or replace, free of charge, any noncompatible Contractual Products delivered to Xxxxxxxxx during the [*****] period prior to the rollout of the Major Functionality Change.

Appears in 1 contract

Samples: Agreement (Sirona Dental Systems, Inc.)

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Notice to Xxxxxxxxx. Subject to Section 18.1.1 above, SIRONA agrees that it will give to Xxxxxxxxx at least [*****] prior notice of the market introduction of any major functionality change to a Contractual Product to allow sufficient time for Xxxxxxxxx to deplete its then-current inventory. A “Major Functionality Change” is defined as: (1) a hardware change that will (x) significantly expand the range of indication for the user, or (y) enable the operation of a software program that is scheduled to be released within the [*****] following the hardware change; or (2) a software upgrade that will not operate on a version of the hardware that has been delivered to Xxxxxxxxx in the [*****] period prior to ‘introduction of the upgrade. If the aforesaid [*****] notice is not given, then, as Xxxxxxxxx’x sole and exclusive remedy, SIRONA will, in its sole discretion, update or replace, free of charge, any noncompatible Contractual Products delivered to Xxxxxxxxx during the [*****] period prior to the rollout of the Major Functionality Change.

Appears in 1 contract

Samples: Agreement (Sirona Dental Systems, Inc.)

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