Proprietary Branding of ACS Equipment Sample Clauses

Proprietary Branding of ACS Equipment. 18.2.5.1 Should the Buyer wish to incorporate Buyer proprietary branding features (logos, decors and/or colours) (hereinafter “Branding Features”) into ACS Equipment, the Buyer will inform the Seller thereof in due time and the Seller and the corresponding ACS Supplier will conduct a feasibility study of the Buyer’s request, considering technical, manufacturing and commercial constraints. It is understood between the parties that, irrespective of any other consideration, the request will only be accepted if it is compatible with: n the prerequisites, including but not limited to location, type and size of branding features, which will be set forth in the then applicable A350XWB Family Aircraft Description Document; and n the lead-time notified by the Seller to the Buyer and required by the ACS Supplier to implement the Branding Features and qualify the Branded ACS Equipment, and n the Seller’s industrial planning and the associated Scheduled Delivery Month for the Buyer’s Aircraft. 18.2.5.2 The Buyer shall also be responsible or shall cause the ACS Supplier to ensure that such Branding Features shall: i) not infringe any patent, copyright or other intellectual property right of the Seller or any third party, and ii) not be subject to any legal obligation or other encumbrance that may prevent, hinder or delay the installation of the Branded ACS Equipment in the Aircraft and/or the Delivery of the Aircraft. 18.2.5.3 Should the Seller agree with the ACS Supplier by TCM that the latter will develop the change required to implement the Branding Features, the associated development and implementation costs from the ACS Supplier will be at the Buyer’s expense. The parties will, if relevant, enter into an SCN as set forth in Clause 2.2.1 setting out the impact of the Branding Features on, inter alia, the Specification and/or price of the Aircraft. The Seller shall be entitled to refuse any item of Branded ACS Equipment that it considers incompatible with the Specification, the interface documentation requirements or the certification requirements, provided such incompatibility is not resulting from a failure of the Seller in performing the above feasibility study. 18.2.5.4 Should the Branding Feature incorporated in a Branded ACS Equipment not be qualified by the “Qualification Date”, and therefore jeopardizing the qualification or the on-time delivery of such Branded ACS Equipment, the Buyer will choose for the Aircraft, within a maximum of ten (10) days after th...
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Related to Proprietary Branding of ACS Equipment

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