Obsolete Products. In the event Aspect elects to discontinue the production of a particular model of Monitor Product because such Monitor Product has been replaced by later models, Aspect shall provide SMI not less than six (6) months prior written notice (the "Notice Period") of such discontinuance, and shall fill such orders for the discontinued Monitor Product(s) as SMI reasonably determines prior to the end of the Notice Period, will be required to enable SMI to meet the requirements of its subdistributors and customers.
Obsolete Products. In the event Aspect elects to discontinue the production of a particular model of a Sensor Product because such Sensor Product has been replaced by later models, Aspect shall provide SMI not less than six (6) months prior written notice (the "Notice Period") of such discontinuance, and shall fill such orders for the discontinued Sensor Product(s) as SMI reasonably determines, prior to the end of the Notice Period, will be required to enable SMI to meet the requirements of its subdistributors and customers.
Obsolete Products. Notwithstanding anything to the contrary contained herein, if over any six-month period the quantity of TI's orders for TI Products falling within any particular process flow (e.g., the 33C10.c3 process flow) constitutes less than the lower of (i) one percent (1%) of the Anam total wafer manufacturing capacity in such period or (ii) 1,500 wafers, then Anam may notify TI in writing of its intention to exercise its rights under this Section 3.19, and after two and one-half years following such notice, Anam may refuse any further order for TI Products so falling within such process flow; provided, however, that if TI has (i) the same process flow qualified at a TI wholly-owned facility and (ii) available capacity for the manufacturing of such TI Products at such facility, then Anam may refuse any such further order after nine (9) months following such notice.
Obsolete Products. Notwithstanding anything to the contrary contained herein, if over any six-month period the quantity of TI's orders for TI Products falling within any particular process flow (e.g., the 33C10.c3 process flow) constitutes less than the lower of (i) [ * ] in such period or (ii) [ * ], then Anam may notify TI in writing of its intention to exercise its rights under this Section 3.19, and after two and one-half years following such notice, Anam may refuse any further order for TI Products so falling within such process flow; provided, however, that if TI has (i) the same process flow qualified at a TI wholly-owned facility and (ii) available capacity for the manufacturing of such TI Products at such facility, then Anam may refuse any such further order after nine (9) months following such notice. * Certain information on this page has been omitted and filed separately with the Commission. Confidential treatment has been requested with respect to the omitted portions.
Obsolete Products. Software that is no longer offered for sale or license by the Company (“Obsolete Items”) will be maintained and repaired on a reasonable efforts basis by the Company. If the Company determines in its discretion that support and service of such Obsolete Items is no longer reasonable, the Company shall notify the Customer of such determination and such Obsolete Item shall be deemed not to be Software or available for the Covered Services.
Obsolete Products. Seller shall use commercially reasonable efforts to discount, accept returns on and otherwise provide credits for Obsolete Products on retail display fixtures located in CJ Business customers’ retail stores within 120 days of the Closing Date.
Obsolete Products. Covered Parts, Affymetrix Instruments or System that are no longer offered for sale or license by Affymetrix (“Obsoleted Items”) will be maintained and repaired on a reasonable efforts basis by Affymetrix. If Affymetrix determines in its discretion that support and service of such Obsolete Items is no longer reasonable, Affymetrix shall notify Customer of such determination and such Obsoleted Item shall be deemed not to be a Covered Part, Affymetrix Instrument or System.
Obsolete Products. Seller acknowledges that Buyer designs and sells products to end-users which incorporate or otherwise use the Products, and that alteration, modification or discontinuation of Product without adequate notice may cause undue harm to Buyer. As such, Seller shall provide Buyer ninety (90) days written notice of its intent to modify, alter or discontinue production or sale of any model of Product sold to Buyer within the prior five (5) year period. In the event Buyer so requests, Seller will continue to make such modified, altered or discontinued Product available in the form prior to such modification, alteration or discontinuation, for an additional period of one (1) calendar year, and shall provide Buyer with an appropriate recommendation to substitute for the Product.
Obsolete Products. 7.6.1. Allendale shall re-purchase the Sponge Products stored in xpedx’s facilities that have not been ordered within 180 days of receipt by xpedx. Such products shall be considered “obsolete” unless the Parties agree in writing to other arrangements. Thereafter, xpedx shall promptly send Allendale an invoice for such Product. Allendale will promptly provide xpedx with instructions as to where to ship the obsolete Product or otherwise dispose of them. Allendale shall be fully responsible for any expenses associated with disposal or shipment of such obsolete Product.
7.6.2. xpedx shall be permitted to return to Allendale all Other Products that exceed their shelf life or are otherwise are no longer saleable through no fault of xpedx. Allendale will promptly provide xpedx with instructions as to where to ship the obsolete Other Product or otherwise dispose of them. Allendale shall be fully responsible for any expenses associated with disposal or shipment of such obsolete Other Product.
Obsolete Products. Xxxxxxx Xxxxx will give notice to Reseller if and when a Product becomes obsolete. Reseller is not permitted to sell any Product upon receipt of such notice without Xxxxxxx Xxxxx’x authorized representative’s prior written consent. Xxxxxxx Xxxxx retains the right to repurchase Products that are obsolete or require Reseller to destroy them and credit reseller for them.
