Product Changes. Vocera shall have the right, in its absolute discretion, without liability to End User, to update to provide new functionality or otherwise change the design of any Product or to discontinue the manufacture or sale of any Product. Vocera shall notify End User at least 90 days prior to the delivery of any Product which incorporates a change that adversely affects form, fit or function (“Material Change”). Vocera shall also notify End User at least 90 days prior to the discontinuance of manufacture of any Product. Notification will be made as soon as reasonably practical for changes associated with regulatory or health and safety issues.
Product Changes. IDSI reserves the right to make design and other modifications in the Equipment at any time but shall not be obligated to implement such modifications in Equipment that has previously been delivered.
Product Changes. Supplier shall communicate any change in the Specifications for any Product or its manufacture in accordance with Supplier’s product change notification process. Buyer shall be deemed to have accepted such change unless, within thirty (30) days after receipt of notice from Supplier, Buyer informs Supplier that such change is not acceptable. If Buyer informs Supplier that such change is not acceptable, Supplier may by notice to Buyer either (x) continue to supply the Product in accordance with the original Specifications and manufacturing procedures or (y) terminate this Agreement with respect to such Product on a date specified by Supplier in a notice of termination, which date shall not be earlier than the earlier of (I) one (1) year from the date of Buyer’s information that it does not accept the change proposed by Supplier and (II) if such notice of termination is delivered more than ninety (90) days before the end of the then current Term, the end of such Term; subject to the right of the Buyer to submit a Last-Time Buy Order in accordance with Section 4.5.
Product Changes. Cypress reserves the right to make modifications to its products at any time. If, however, at any time during the term of the Agreement, Company purchases certain Products from Cypress on a regular basis, and Cypress is going to change the form, fit, or function of such Products (“Changed Product”), Cypress shall give Company prior written notice of such Changed Product in accordance with JEDEC Solid State Technology Association Standard JESD46 (Customer Notification of Product/Process Changes by Semiconductor Suppliers).
Product Changes. Marketo reserves the right to change or discontinue individual features within the Subscription Services upon prior written notice via the Subscription Services portal. To the extent any such changes result in a material reduction of overall functionality without a comparable replacement, Marketo will refund Customer a pro-rata portion of all prepaid fees associated with the discontinued Subscription Services for which no comparable replacement was provided.
Product Changes. Company’s product policy is one of ongoing update and revision, and accordingly, Company reserves the right to change, without notice, the design of, or the process of manufacturing, the Deliverables covered by this Agreement.
Product Changes. QSR reserves the absolute right, in its sole discretion, to discontinue or phase out the System or any aspect of the System, with notice to Client.
Product Changes. Prior to the shipment of a Product, Seller may at any time make changes in a Product furnished pursuant to this Agreement, or modify the drawings and published specifications relating thereto, or substitute Products of later design to fill an order, provided the changes, modifications, or substitutions under normal and proper use do not impact upon the Form, Fit, or Function of an ordered Product as identified in Seller's specifications. Seller shall notify Customer, usually at least one (1) year, before Seller discontinues accepting orders for an item of Seller's Manufactured Product sold u this Agreement. Where Seller offers a product for sale that is equivalent in Form, Fit, and Function, the notification period may vary. Seller further agrees that, in issuing Licensed Material Updates and Licensed Material Generic Releases of Network Wireless System Licensed Materials, Seller shall assure that any changes and modifications to existing features and functionalities effected thereby shall not result in a Material Service Impact. Seller agrees to maintain a standard, supported, generic version of the Licensed Materials necessary for or integral to operation of Products furnished by Seller pursuant to this Agreement for a period of not less than seven (7) years from the effective date of this Agreement. If Seller ceases to maintain a standard, supported, generic version of any such Licensed Materials furnished by Seller pursuant to this Agreement, and such maintenance is not available from another entity, then Seller shall furnish Customer, under a suitable confidentiality agreement, to the extent that it is authorized to do so, the then existing Licensed Materials Source Code, Licensed Materials development programs, and associated documentation for such standard version to the extent necessary for Customer to maintain and enhance for its own Use the standard version of that Licensed Material for which it has the right to Use. Seller agrees that it shall use all reasonable efforts to qualify as Seller's Manufactured Product any Vendor Items orderable under this Agreement, the unavailability of which would result in a Material Service Impact. If such efforts are successful, such item shall thereafter be treated as Seller Manufactured Product for purposes of Section 2.7 "CONTINUING PRODUCT/SUPPORT- PARTS AND SERVICES." If such item cannot be so qualified, Seller agrees that it will use all reasonable efforts to establish or locate a secondary source for such...
Product Changes a. The Seller must provide Battelle notice of intended changes or planned End-of-Life as soon as they are known for any components being purchased by Battelle in order to allow Battelle sufficient time to place a Last-Time-Buy to meet future requirements of the component.
b. Seller must include the requirements of this paragraph in any lower-tier purchase order issued by the Seller to support product being sold to Battelle.
Product Changes. Prior to its delivery, Avaya may make changes to the Product, modify the drawings and specifications relating to the Product, or substitute the Product for a Product of later design; provided that the changes do not have a materially adverse effect on the function of the Product. Notwithstanding the foregoing, the parties may agree to change an Order at any time and such changes may be subject to additional charges.
