Common use of Out-of-Warranty Service; Spare Parts Clause in Contracts

Out-of-Warranty Service; Spare Parts. NBC hereby undertakes to maintain repair capability for Light Sources during the term of this Agreement and for [c.i.] thereafter (the "Support Period") subject to its ability to source applicable components from third parties. In accordance with the foregoing, NBC shall, if requested by DUSA, provide out-of-warranty service on reasonable and customary terms and conditions. In addition during the Support Period, NBC agrees to [c.i.] DUSA and its designees spare and replacement parts [c.i.] and lead times therefor as may be required to service and maintain Light Sources. Where there are no such [c.i.], such spare or replacement parts shall be provided [c.i.] and lead times, and in any event NBC's prices, terms and conditions for providing services under this Section 8.5 shall be no less favorable to the customer than those offered by NBC to a third party for similar services or parts. Notwithstanding the foregoing, neither DUSA nor its customers shall have any obligation to order any such service, or spare or replacement parts from NBC.

Appears in 2 contracts

Samples: Purchase and Supply Agreement (Dusa Pharmaceuticals Inc), Purchase and Supply Agreement (Dusa Pharmaceuticals Inc)

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Out-of-Warranty Service; Spare Parts. NBC hereby undertakes to maintain repair capability for the Light Sources Source during the term of this Agreement and for [c.i.C.I.] thereafter (the "Support Period") subject to its ability to source applicable components from third parties. In accordance with the foregoing, NBC shall, if requested by DUSA, provide out-of-warranty service on reasonable and customary terms and conditions, including reasonable adjustments for increased labor costs during the Support Period. In addition during the Support Period, NBC agrees to [c.i.C.I.] DUSA and its designees spare and replacement parts [c.i.C.I.] and lead times therefor as may be required to Note: Certain portions of this document have been marked "[c.i.]" to indicate that confidential treatment has been requested for this confidential information. The confidential portions have been omitted and filed separately with the Securities and Exchange Commission. service and maintain Light SourcesSource units. Where there are no such [c.i.C.I.], such spare or replacement parts shall be provided [c.i.C.I.] and customary prices and lead times, and in any event NBC's prices, terms and conditions for providing services under this Section 8.5 6.4 shall be no less favorable to the customer than those offered by NBC to a third party for similar services or parts. Notwithstanding the foregoing, neither DUSA nor its customers shall have any obligation to order any such service, or spare or replacement parts from NBC.

Appears in 1 contract

Samples: Purchase and Supply Agreement (Dusa Pharmaceuticals Inc)

Out-of-Warranty Service; Spare Parts. NBC hereby undertakes to maintain repair capability for the Light Sources Source during the term of this Agreement and for [c.i.] thereafter (the "Support Period") subject to its ability to source applicable components from third parties. In accordance with the foregoing, NBC shall, if requested by DUSA, provide out-of-warranty service on reasonable and customary terms and conditions, including reasonable adjustments for increased labor costs during the Support Period. In addition during the Support Period, NBC agrees to [c.i.] DUSA and its designees spare and replacement parts [c.i.] and lead times therefor as may be required to service and maintain Light SourcesSource units. Where there are no such [c.i.], such spare or replacement parts shall be provided [c.i.] and [c.i.] and lead times, and in any event NBC's ’s prices, terms and conditions for providing services under this Section 8.5 6.4 shall be no less favorable to the customer than those offered by NBC to a third party for similar services or parts. Notwithstanding the foregoing, neither DUSA nor its customers shall have any obligation to order any such service, or spare or replacement parts from NBC.

Appears in 1 contract

Samples: Purchase and Supply Agreement (Dusa Pharmaceuticals Inc)

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Out-of-Warranty Service; Spare Parts. NBC hereby undertakes to maintain repair capability for Light Sources during the term of this Agreement and for [c.i.] thereafter (the "Support Period") subject to its ability to source applicable components from third parties. In accordance with the foregoing, NBC shall, if requested by DUSA, provide out-of-warranty service on reasonable and customary terms and conditions. In addition during the Support Period, NBC agrees to [c.i.] DUSA and its designees spare and replacement parts [c.i.] and lead times therefor as may be required to service and maintain Light Sources. Where there are no such [c.i.], such spare or replacement parts shall be provided [c.i.] and lead times, and in any event NBC's prices, terms and conditions for providing services under this Section 8.5 shall be no less favorable to the customer than those offered by NBC to a third party for similar services or parts. Notwithstanding the foregoing, neither DUSA nor its customers shall have any obligation to order any such service, or spare or replacement parts from NBC.

Appears in 1 contract

Samples: Purchase and Supply Agreement (Dusa Pharmaceuticals Inc)

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