Product End of Life. Upon EOL notification from BROCADE to McDATA for the Hardware subassemblies and not withstanding any of the provisions in this section, BROCADE and McDATA will work together to facilitate a mutually agreed upon EOL plan. Provided that McDATA issues [*] no fewer than the following [*] of the following Hardware subassemblies per [*]: [*] as set forth in Exhibit A, and schedules a [*] of all such Hardware subassemblies in such [*] with a minimum of [*] leadtime for [*], then BROCADE agrees [*] the manufacture, sale or distribution of any such Product ("End of Life" or "EOL"). The pricing for Hardware subassemblies purchased at [*] shall be the prices set forth in Exhibit A in the [*]. In the contrary case, BROCADE shall have the right to provide McDATA with one hundred eighty (180) days' written notice of intent to EOL any Product provided to McDATA hereunder. McDATA may place orders for any demand during the first ninety (90) days of such EOL notice for delivery of affected Product(s) prior to the end of the notice period. To the extent that such orders exceed McDATA's previous forecast for such Product(s), the orders shall be non-cancelable. BROCADE shall accept only forecasted orders in the last [*] days of the stated notice period, and all such orders shall be non-cancelable. In addition, during such notice period, BROCADE shall have the right, in its sole discretion, to require payment for Product(s) from McDATA at the time such purchase orders are submitted. If any component of any of the four Hardware subassembly products set forth on Exhibit A is declared EOL and independent of McDATA's ability to maintain the minimum purchase requirement of the affected Hardware subassembly unit, BROCADE may declare the affected Hardware subassembly product EOL. Within [*] days of EOL notification from BROCADE ("EOL Notification Period"), McDATA may (i) [*] for the affected Hardware subassembly component, or (ii) notify BROCADE in writing that McDATA will [*] for sufficient units of the * 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. Asterisks within brackets denote omissions.
Product End of Life. In the event Extreme discontinues or otherwise ceases to make available to its customers a particular Product model number, Extreme will continue to offer Services for such Product in accordance with its then-current End of Life Policy available at xxxxx://xxx.xxxxxxxxxxxxxxx.xxx/support/end-of-sale-and-end-of-support-products/. The Services shall remain in effect with respect to other Products, if any, then covered.
Product End of Life. SMC shall inform ABLECOM twelve (12) weeks in advance before the date SMC discontinues distribution and support of the Product (“End Of Life” or “EOL”). ABLECOM shall inform SMC of obsolete materials, if any, upon such EOL. If the EOL for a particular Product occurs within the twelve-week time period, then SMC shall pay ABLECOM for the actual cost of any obsolete material procured for production of the Product if ABLECOM is unable, after reasonable attempts, to re-allocate such obsolete materials for other uses.
Product End of Life. RIM shall provide the BSP with [**] prior written notice of any termination of manufacture of the Product ("End-Of-Life"). In the event this Agreement terminates or expires prior to RIM's issuance of an End-Of-Life notice, the notice will be deemed to be issued as of such expiration or termination, unless such termination is by RIM for cause or by the BSP for any reason. Any Initial Order accepted by RIM with deliveries extending beyond the End-Of-Life date will be fulfilled without interruption. RIM will provide repair service for up to [**] following any End-Of-Life for the Product or in accordance with the Warranty Period, whichever occurs last.
Product End of Life. Upon EOL notification from BROCADE to McDATA for the Hardware subassemblies and not withstanding any of the provisions in this section, BROCADE and McDATA will work together to facilitate a mutually agreed upon EOL plan. Provided that McDATA issues [*] no fewer than the following [*] of the following Hardware subassemblies per [*]: [*] as set forth in Exhibit A, and schedules a [*] of all such Hardware subassemblies in such [*] with a minimum of [*] leadtime for [*], then BROCADE agrees [*] the manufacture, sale or distribution of any such Product ("End of Life" or "EOL"). The pricing for Hardware subassemblies purchased at [*] shall be the prices set forth in Exhibit A in the [*]. In the contrary case, BROCADE shall have the right to provide McDATA with one hundred eighty (180) days' written notice of intent to EOL any Product provided to McDATA hereunder. McDATA may place orders for any demand during the first ninety (90) * 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.
Product End of Life. Buyer shall provide not less than ninety (90) days written notice to Manufacturer of any Product end-of-life.
Product End of Life. Seller is responsible for providing the buyer and end of life (EOL) notification on any product ordered from the seller within the last 360 calendar days. Notification must be180 working days prior to the last time order date of the EOL product and one year from the last time shipment date. Failure to provide this notification entitles the buyer to continue the ordering and purchasing of the specific product for the time periods described above.
Product End of Life a. ADI shall not discontinue the DSP Products for 10 years after the Production milestone (as defined in Schedule 3).
b. Thereafter, ADI may discontinue the DSP Product. On notice of termination, the parties shall discuss a solution, which involves the parties agreeing to meet at that point to determine if it would be reasonably necessary for ADI to transfer any ADI designs, mask works, and copyrights to Masimo and grant to Masimo licenses in such ADI patents, trade secrets and know-how as are necessary to enable Masimo to continue to have the DSP Product manufactured. Unless the parties agree otherwise, ADI shall give Masimo a minimum of one (1) year after written notice before discontinuation of any DSP Product offered for sale to Masimo hereunder. At any time before the effective date of such discontinuation or of any termination of this Agreement as set forth below, Masimo shall have the right to make a last time buy of any DSPProduct in cumulative quantities deemed sufficient by Masimo. The last delivery date for shipment of the purchased discontinued DSP Product shall not be more than twelve (12) months after the effective date of the discontinuation. Masimo’s right to make a last time buy as set forth in this paragraph is in addition to and does not limit its right to seek any remedies available to it at law or in equity in the event Masimo terminates this Agreement for cause. This paragraph shall survive any expiration or termination of the Agreement.
Product End of Life. Supplier will provide Fortinet with at least one hundred eighty (180) days written notice prior to the last date of any Product that Supplier intends to stop supplying. Supplier agrees to ship Product for Fortinet Purchase Orders that Supplier has accepted before the last date of supply (“EOL Product”). For any EOL Product, Supplier agrees, at Supplier’s costs, to work with Fortinet to develop and implement a support plan prior to the last date of supply, including but not limited to provide spare parts, repairs services to the Product or provide similar Product with equivalent or better functionality. Fortinet may assign its rights to warranty or replacement parts to a third party.
Product End of Life. If Nokia Siemens decides to discontinue manufacturing any particular Product or Product extensions provided under this Agreement, Nokia Siemens shall inform TerreStar of such decision. In any event, [***]. The following continuing end-of-life obligations do not apply to Product Enhancements [***] set forth under Section 7 above. Following the effective date of such discontinuance (“Product Termination Date”), Nokia Siemens shall continue to offer the affected Product and/or Product extensions as follows: [***] Network Elements [***] from [***] Spare parts (or compatible replacement parts) for Network Elements* [***] from [***] Hardware repair services for Network Elements [***]s from [***] For Software Maintenance Service for RAN Software and Core Software, the N+2 Software Release rule is applied. TerreStar can skip one Software Release (N+1) and remain on the existing Software Release (N) without any Software Maintenance Services impact provided that a valid Maintenance Services Agreement exists between TerreStar and Nokia Siemens. [***] As described. During the limited Software Maintenance Support, there will be no Software Updates except for Level A or B Failures. After expiration of the limited Software Maintenance Support period, local help desk (without response time commitment) and emergency service are available only through purchased supplemental Maintenance Services. Once the full Software Maintenance Support period has expired (as described above) and if the applicable Software is no longer being supported as part of the Software Maintenance Services due to the discontinuation of Software, [***] * During the [***] period during which Nokia Siemens continues to support Spare Parts, Nokia Siemens shall both (i) offer to TerreStar the right to continue to receive Spare Parts Management Services as described in Exhibit D-1 and (ii) provide TerreStar with the right to purchase spare parts [***]. Following such [***] period, provided that TerreStar has elected to continue the Spare Parts Maintenance Services provided under Exhibit D-1 Nokia Siemens shall continue to provide spare parts as part of its standard Spare Parts Supply Service. Additional Network Elements that have been discontinued, extensions of such Network Elements, spare parts for such Network Elements and hardware repair services for such Network Elements must be ordered by TerreStar prior to the expiry of the respective time periods set forth above.
