Common use of Notice to Xxxxxxxxx Clause in Contracts

Notice to Xxxxxxxxx. Subject to Section 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 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 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: u.s. Distributorship Agreement, u.s. Distributorship Agreement (Sirona Dental Systems, Inc.)

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Notice to Xxxxxxxxx. Subject to Section 16.1.1 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 reduce 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 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: u.s. Cad Cam Distributorship Agreement, u.s. Cad Cam Distributorship Agreement (Sirona Dental Systems, Inc.)

Notice to Xxxxxxxxx. Subject to Section 16.1.1 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 reduce 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 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 1 contract

Samples: u.s. Cad Cam Distributorship Agreement (Sirona Dental Systems, Inc.)

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Notice to Xxxxxxxxx. Subject to Section 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 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 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 *****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 1 contract

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

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