Replacement Products. The CNA shall respond to Commission supplied information regarding replacement products. The Commission will provide the report on the first business day after the end of each quarter. The CNA shall conduct an analysis of all products that are included in the report and have been replaced on the PL to determine if the item that was replaced should be deleted from the PL. The CNA shall provide a response to the Commission no later than fifteen (15) days after the end of each quarter. The CNA’s response report shall include the following elements: PL Number, PLIMS Transaction Identification (TID) for the original addition (if applicable), PLIMS TID for the replacement product (if applicable), NSN, NSN Name, contracting activity(ies), and producing NPA(s).
Replacement Products. (a) Except as required by Section 4.3(b) and Section 6.1 with respect to Environmental Attributes and by Section 3.11 with respect to ZRCs, if Seller is not capable of providing the full availability of the Products as required hereunder, Seller shall have no right and shall not be permitted to provide Replacement Products as a substitute or replacement for the unavailable Products without the prior written consent of Buyer. Notwithstanding the foregoing, Seller may make a proposal or offer to Buyer to provide Replacement Products hereunder. In such event, Buyer may accept or reject, in its sole and absolute discretion, any such proposal or offer from Seller.
(b) If Buyer receives a proposal or offer to provide Replacement Products according to Section 4.6(a), and Buyer, in its sole and absolute discretion, accepts such proposal or offer in writing, such Replacement Products shall constitute, for the period for which Buyer has agreed that Seller may provide such Replacement Products and subject to the other terms of such agreement, Replacement Products for all purposes hereunder, and, except to the extent the Parties have agreed otherwise in writing, Seller shall be obligated to provide such Replacement Products according to the terms of this Agreement at no additional cost or expense to Buyer.
Replacement Products. 44.1. The Contractor will be required to offer a replacement product to the Framework Public Body if a product cannot be repaired within 8.5
Replacement Products. If replacement products are supplied, SolarWorld may provide used and/or repaired products at SolarWorld’s discretion.
Replacement Products. The CNA shall respond to Commission supplied information regarding replacement products. The Commission will provide the report on the first business day after the end of each quarter. The CNA shall conduct an analysis of all products that are included in the report and have been replaced on the PL to determine if the item that was replaced should be deleted from the PL. The CNA shall provide a response to the Commission no later than fifteen (15) days after the end of each
Replacement Products. If (A) development of a Licensed Product is terminated after any Milestone Payment set forth in Section 4.3.1.1 or Section 4.3.2.1 as applicable, has been made with respect to such Licensed Product and (B) another Licensed Product is selected to replace the terminated Licensed Product and the selected Licensed Product is for the same, substantially similar or closely related indication (“Replacement Product”), then there shall be no payment due upon achievement of the same milestone by such Replacement Product for which Broad already received a Milestone Payment for the original Licensed Product.
Replacement Products. If at anytime during the Term, Rockwell or any of its Affiliates introduces a product or offering that is a replacement for an existing Product covered by this Agreement, whether developed by Rockwell or any of its Affiliates or acquired by Rockwell or any of its Affiliates in connection with any transaction (a “Replacement Product”), Rockwell will allow (or will cause its Affiliate to allow) DaVita or any DaVita Facility, as applicable, to purchase such Replacement Product at the same price as the Product it is replacing or is ultimately intended to replace.
Replacement Products. If Seller is unable to Deliver the obligated quantity in accordance with the Minimum Delivery Schedule, Seller may, with the prior written approval of Buyer (including, without limitation, any extended time for delivery beyond the Minimum Delivery Schedule, provide qualified replacement Products; provided, however, that the replacement Products must be of the same Class of Resource, except as follows:
(a) Products derived from the IAW Class of Resource can replace Products derived from the IAW or OSW Class of Resource;
(b) Products derived from the IAP Class of Resource can replace Products derived from the IAP or OSP Class of Resource;
(c) Products derived from the IANG Class of Resource can replace Products derived from the IANG, IANS, OSNG or OSNS Class of Resource;
(d) Products derived from the IANS Class of Resource can replace Products derived from IANS or OSNS Class of Resource.
(e) Products derived from the IAW or IAP Class of Resource can replace Products derived from the IANG, IANS, OSNG or OSNS Class of Resource;
(f) Products derived from OSW or OSP Class of Resource can replace Products derived from the OSNG or OSNS Class of Resource; and
(g) Products derived from the OSNG Class of Resource can replace Products derived from the OSNG or OSNS Class of Resource.
Replacement Products. If Seller is unable to deliver the obligated quantity in accordance with the Minimum Delivery Schedule, Seller may, with the prior written approval of Buyer (including, without limitation, any extended time for delivery beyond the Minimum Delivery Schedule, provide qualified replacement Products; provided, however, that the replacement Products must be of the same Class of Resource (as defined below), except as follows:
(a) Products derived from wind energy resources located in Illinois can replace Products derived from wind energy resources in any of the Adjacent States (as defined below), or from wind resources located in any other state;
(b) Products derived from wind energy resources located in any of the Adjacent States can replace Products derived from wind energy resources located in any other state (except Illinois);
(c) Products derived from non-wind energy resources located in Illinois can replace Products derived from non-wind resources in any of the Adjacent States, or from non-wind resources located in any other state;
(d) Products derived from non-wind energy resources located in any of the Adjacent States can replace Products derived from non-wind energy resources located in any other state (except Illinois);
(e) Products derived from wind energy resources located in Illinois can replace Products derived from non-wind energy resources located in any state;
(f) Products derived from wind energy resources located in an Adjacent State can replace non-wind energy resources located in an Adjacent State or any other state (except Illinois); and
(g) Products derived from wind energy resources located in a state other than an Adjacent State or Illinois can replace Products derived from non-wind energy resources located in a state other than an Adjacent State or Illinois.
Replacement Products. If, during any Term of this Agreement, Supplier develops and markets a product that is a replacement for the Product to be provided hereunder, Supplier agrees to sell said product to Netpliance at Netpliances' option, for a price to be negotiated between the parties. Both parties also agree that all appropriate provisions of this Agreement will apply to any such replacement product. Nonetheless, Supplier agrees to continue to make the original product available to Netpliance through the end of the last Term of this Agreement.
