Common use of Right to Cease Supply of Obsolete Products Clause in Contracts

Right to Cease Supply of Obsolete Products. If the Vendor begins selling and making generally available New Products or products to replace or as a substitute for previously existing Products ("Previously Existing Products"), the Vendor may, with the Owner's prior written consent, such consent not to be unreasonably withheld, cease supplying the Previously Existing Products to the Owner under this Agreement by delivering six (6) months' prior written notice to the Owner regarding such cessation; provided that the Vendor will offer to supply to the Owner such replacement or substitute Products on terms and conditions pursuant to and in accordance with subsection 3.3; and provided further that the New Products or replacement or substitute Products maintain performance and functionality equivalent to that previously provided by the Previously Existing Products (unless any such lower performance and/or functionality has been consented to by the Owner, such consent not to be unreasonably withheld). Notwithstanding anything stated herein to the contrary, the Vendor will not be required to provide the Owner notice under this subsection 3.12 or otherwise of any modification to a Product or a component thereof which in no way affects the form, fit and/or functionality of such Product. The Vendor will under no circumstances be entitled to cease supplying such Previously Existing Products which are covered under a then unfilled Delivery Order from the Owner. The Vendor will have no right to cease supplying the Owner under this subsection 3.12 with any such Previously Existing Products so long as the Vendor continues to supply and make available such Previously Existing Products to any other Customer.

Right to Cease Supply of Obsolete Products. If the Vendor NeoPoint begins selling and making generally available New Products or products Products to replace or as a substitute for previously existing Products ("Previously Existing Products"), the Vendor NeoPoint may, with the OwnerSprint Spectrum's prior ---------------------------- written consent, such consent not to be unreasonably withheld, cease supplying the Previously Existing Products to the Owner Sprint Spectrum under this Agreement by delivering six (6) months' prior written notice to the Owner Sprint Spectrum regarding such cessation; provided that the Vendor NeoPoint will offer to supply to the Owner Sprint Spectrum -------- ---- such replacement or substitute Products on terms and conditions pursuant to and in accordance with subsection 3.34.4 and the other terms and conditions of this Agreement; and provided further that the New Products or replacement or -------- ------- ---- substitute Products maintain performance and functionality equivalent to that previously provided by the Previously Existing Products (unless any such lower performance and/or functionality has been consented to by the OwnerSprint Spectrum, such consent not to be unreasonably withheld). Notwithstanding anything stated herein to the contrary, the Vendor NeoPoint will not be required to provide the Owner Sprint Spectrum notice under this subsection 3.12 4.13 or otherwise of any modification to a Product or a component thereof which in no way affects the form, fit and/or functionality of such Product. The Vendor NeoPoint will under no circumstances be entitled to cease supplying such Previously Existing Products which are covered under a then unfilled Delivery Order from the OwnerSprint Spectrum. The Vendor NeoPoint will have no right to cease supplying the Owner Sprint Spectrum under this subsection 3.12 4.13 with any such Previously Existing Products so long as the Vendor NeoPoint continues to supply and make available such Previously Existing Products to any other Customer.

Right to Cease Supply of Obsolete Products. If the Vendor ------------------------------------------ begins selling and making generally available New Products or products to replace or as a substitute for previously existing Products ("Previously Existing Products"), the Vendor may, with the Owner's prior written consent, such consent not to be unreasonably withheld, cease supplying the Previously Existing Products to the Owner under this Agreement by delivering six (6) months' prior written notice to the Owner regarding such cessation; provided that the Vendor will offer to supply to the Owner -------- ---- such replacement or substitute Products on terms and conditions pursuant to and in accordance with subsection 3.3; and provided further that the -------- ------- New Products or replacement or substitute Products maintain performance and functionality equivalent to that previously provided by the Previously Existing Products (unless any such lower performance and/or functionality has been consented to by the Owner, such consent not to be unreasonably withheld). Notwithstanding anything stated herein to the contrary, the Vendor will not be required to provide the Owner notice under this subsection 3.12 or otherwise of any modification to a Product or a component thereof which in no way affects the form, fit and/or functionality of such Product. The Vendor will under no circumstances be entitled to cease supplying such Previously Existing Products which are covered under a then unfilled Delivery Purchase Order from the Owner. The Vendor will have no right to cease supplying the Owner under this subsection 3.12 with any such Previously Existing Products so long as the Vendor continues to supply and make available such Previously Existing Products to any other Customer. It is expressly understood by the Owner that the Vendor does intend, not earlier than April 1997, to obsolete the QCP-1900 and the CM-D600 models of Subscriber Units and replace them with a New Product (at the same prices set forth in Appendix 1) in accordance with this subsection 3.12. Such New Product will comply with the specifications as set forth in Exhibit A3. In accordance with this subsection 3.12, the Owner does hereby give its written consent to the substitution of the New Product as specified in Exhibit A3 for any QCP-1900 and/or CM-D600 models of Subscriber Units ordered by the Owner under this Agreement.