Common use of Spare Parts and Consumables Clause in Contracts

Spare Parts and Consumables. 17.1. Without derogating from Supplier's undertaking to provide the Warranty, Supplier undertakes that during a period of twenty (20) years commencing on the date of issuance of the Final Acceptance Certificate, it will supply ISR with all Consumables Spare Parts and tools and updates necessary and recommended pursuant to (i) the Technical Specifications, (ii) the applicable manufacturer specifications, and (iii) the best professional practice, required for maintenance and for the repair of the RSDEV or any part thereof, while assuring that the RSDEV and all systems therein shall operate and perform to the maximum extent of its capabilities and in all respects in strict accordance with the terms and the conditions of this Agreement, including the Technical Specifications (the "Spare Parts"). 17.2. Without derogating from the generality of Section 17.1, Supplier shall furnish a detailed Spare Parts List and Work Consumables and maintenance consumables of all necessary and recommended Spare Parts and Work Consumables and maintenance consumables and their prices, in the form attached hereto as Annex M F2 by the Effective Date (the "Spare Parts List and Work Consumables and Prices") no later than 60 days prior to Delivery time of the RSDEV. The Spare Parts List and Work Consumables and Prices shall be in English or Hebrew and shall quote the delivery time, description, original manufacturer's name, part number of original manufacturer and the prices DAP ISR's Site for each Spare Part and Consumables, and subject to the terms specified in Section 11.111. 1. The Spare Parts List and Prices shall be linked in accordance with the linkage mechanism set forth in the Consideration Annex. If Supplier foresees that it will be unable to manufacture and/or supply any or all Spare Parts, for any reason whatsoever, it shall notify ISR in writing six (6) months in advance, so that ISR can make any arrangements necessary to obtain alternate spare parts and Supplier shall support ISR in making all arrangements. 17.3. Notwithstanding the undertaking of Supplier to sell ISR the necessary Spare Parts for a period specified in Section 17.1 above, ISR shall be under no obligation whatsoever to acquire any Spare Parts from Supplier. ISR, in its sole discretion, shall decide if, and when, it will acquire the Spare Parts from Supplier during the relevant time period. Supplier shall reasonably support ISR in acquiring the Spare Parts even if ISR shall decide not to purchase the Spare Parts from Supplier.

Spare Parts and Consumables. 17.18.01 Spares Listing - ACS and Xerox shall mutually agree on a list of spares -------------- which shall be designated as the recommended Spares. Without derogating from Supplier's undertaking . Such list shall be set forth in Exhibit C hereto. Exhibit C will be completed by no later than March 15, 1996. Prices of the Spares shall be established so that the total prices for all the Spares required to provide completely manufacture one printer shall not exceed one hundred thirty percent (130%) of the Warrantyprice for the applicable ACS printer listed in Exhibit C hereto. 8.02 Spares and Consumables ---------------------- (a) ACS shall make available to Xerox and Xerox Affiliated Companies, Supplier undertakes that during for a period of twenty (20) years commencing on [*] from the date of issuance the last unit of the Final Acceptance Certificate, it will supply ISR with all relevant printer model is shipped to Xerox or Xerox Affiliated Companies hereunder Spares and Consumables Spare Parts in sufficient quantities for Xerox and tools Xerox Affiliated Companies to meet the service and updates necessary and recommended pursuant to (i) the Technical Specifications, (ii) the applicable manufacturer specifications, and (iii) the best professional practice, required for maintenance and for the repair of the RSDEV or any part thereof, while assuring that the RSDEV and all systems therein shall operate and perform to the maximum extent Consumables needs of its capabilities customers for such printer(s). Xerox and in all respects in strict accordance with the terms Xerox Affiliated Companies shall place its final purchase orders for such Spares and the conditions of this Agreement, including the Technical Specifications (the "Spare Parts"). 17.2. Without derogating from the generality of Section 17.1, Supplier shall furnish a detailed Spare Parts List and Work Consumables and maintenance consumables of all necessary and recommended Spare Parts and Work Consumables and maintenance consumables and their prices, in the form attached hereto as Annex M F2 by the Effective Date (the "Spare Parts List and Work Consumables and Prices") no later than 60 days prior to Delivery time of the RSDEV. The Spare Parts List and Work Consumables and Prices shall be in English or Hebrew and shall quote the delivery time, description, original manufacturer's name, part number of original manufacturer and the prices DAP ISR's Site for each Spare Part and Consumables, and subject to the terms specified in Section 11.111. 1. The Spare Parts List and Prices shall be linked in accordance with the linkage mechanism set forth in the Consideration Annex. If Supplier foresees that it will be unable to manufacture and/or supply any or all Spare Parts, for any reason whatsoever, it shall notify ISR in writing at least six (6) months in advance, so that ISR can make any arrangements necessary prior to obtain alternate spare parts and Supplier shall support ISR in making all arrangementsthe expiration of such applicable period. 17.3. Notwithstanding (b) Xerox agrees to purchase during the undertaking initial term of Supplier this Agreement all of its requirements for Consumables from ACS provided Consumables price to sell ISR Xerox is no higher than the necessary Spare Parts maximum prices for Consumables set forth in Exhibit C hereto or twenty (20% ) more than the lowest price offered Xerox for a product competitive to the Consumables, whichever is lower. Provided however, ACS shall have up to a thirty(30) day period specified to meet the competitive price offered Xerox. [*] OMITTED INFORMATION SUBJECT TO PENDING CONFIDENTIAL TREATMENT REQUEST 8.03 Equivalent Spares - Xerox agrees to accept equivalent and/or ----------------- interchangeable (form, fit and function compatible as defined in Section 17.1 above, ISR 7.01 hereof) Spares and Consumables during the [*] period defined in Section 8.02(a) hereof. The determination as to whether Spares and Consumables are equivalent and/or interchangeable shall be under no obligation whatsoever to acquire any Spare Parts from Supplier. ISR, in its sole discretion, shall decide if, and when, it will acquire the Spare Parts from Supplier during the relevant time period. Supplier shall reasonably support ISR in acquiring the Spare Parts even if ISR shall decide not to purchase the Spare Parts from Suppliermade by Xerox.

Spare Parts and Consumables. 17.1. Without derogating from Supplier's undertaking to provide the Warranty, Supplier undertakes that during a period of twenty (20) years commencing on the date of issuance of the Final Acceptance Certificate, it will supply ISR with all Consumables Spare Parts and tools and updates necessary and recommended pursuant to (i) the Technical Specifications, (ii) the applicable manufacturer specifications, and (iii) the best professional practice, required for maintenance and for the repair of the RSDEV or any part thereof, while assuring that the RSDEV and all systems therein shall operate and perform to the maximum extent of its capabilities and in all respects in strict accordance with the terms and the conditions of this Agreement, including the Technical Specifications (the "Spare Parts"). 17.2. Without derogating from the generality of Section 17.1, Supplier shall furnish a detailed Spare Parts List and Work Consumables and maintenance consumables of all necessary and recommended Spare Parts and Work Consumables and maintenance consumables and their prices, in the form attached hereto as Annex M F2 by the Effective Date (the "Spare Parts List and Work Consumables and Prices") no later than 60 days prior to Delivery time of the RSDEV. The Spare Parts List and Work Consumables and Prices shall be in English or Hebrew and shall quote the delivery time, description, original manufacturer's name, part number of original manufacturer and the prices DAP ISR's Site for each Spare Part and Consumables, and subject to the terms specified in Section 11.111. 111.1. The Spare Parts List and Prices shall be linked in accordance with the linkage mechanism set forth in the Consideration Annex. If Supplier foresees that it will be unable to manufacture and/or supply any or all Spare Parts, for any reason whatsoever, it shall notify ISR in writing six (6) months in advance, so that ISR can make any arrangements necessary to obtain alternate spare parts and Supplier shall support ISR in making all arrangements. 17.3. Notwithstanding the undertaking of Supplier to sell ISR the necessary Spare Parts for a period specified in Section 17.1 above, ISR shall be under no obligation whatsoever to acquire any Spare Parts from Supplier. ISR, in its sole discretion, shall decide if, and when, it will acquire the Spare Parts from Supplier during the relevant time period. Supplier shall reasonably support ISR in acquiring the Spare Parts even if ISR shall decide not to purchase the Spare Parts from Supplier.

Spare Parts and Consumables. 17.1. Without derogating from Supplier's undertaking Upon signing of this Contract, the IAA shall purchase Spare Parts according to provide the Warranty, Supplier undertakes that during a period list of twenty (20) years commencing recommended and agreed Spare Parts based on the date of issuance Detailed Design, in an amount that reflects up to 5% of the Final Acceptance Certificate, it will supply ISR with all Consumables Spare Parts for all the Systems that will be purchased and tools and updates necessary and recommended pursuant not less than 3 units of each item, except for specific items for which different quantities are specifically stated in the table below (according to (isection 6(b) of the Technical Specifications). In addition, (ii) the applicable manufacturer specifications, and (iii) IAA shall purchase Consumables in the best professional practice, amounts required for maintenance and for the repair one year of operation of the RSDEV or any part thereof, while assuring that the RSDEV and all systems therein shall operate and perform to the maximum extent of its capabilities and in all respects in strict accordance with the terms and the conditions of this Agreement, including the Technical Specifications (the "Spare Parts"). 17.2. Without derogating from the generality of Section 17.1, Supplier shall furnish a detailed Spare Parts List and Work Consumables and maintenance consumables of all necessary and recommended Spare Parts and Work Consumables and maintenance consumables and their prices, in the form attached hereto as Annex M F2 by the Effective Date (the "Spare Parts List and Work Consumables and Prices") no later than 60 days prior to Delivery time of the RSDEV. The Spare Parts List and Work Consumables and Prices shall be in English or Hebrew and shall quote the delivery time, description, original manufacturer's name, part number of original manufacturer and the prices DAP ISR's Site for each Spare Part and Consumables, and subject to the terms specified in Section 11.111. 1. The Spare Parts List and Prices shall be linked System in accordance with the linkage mechanism set forth Supplier's recommendations (the "Initial Spare Parts and Consumables Batch"). The prices of the Spare Parts and Consumables Initial Spare Parts and Consumables Batch shall be as stipulated by the Supplier in its Detailed Price Proposal. Canopy 1 Solid Wheels 4 Hydraulic Piston (for elevation system) 2 of each type Service PBB access Door 1 Aircraft access Door 1 Safety Hoop (see Part 1 12(c)) 1 17.2. The IAA shall have the Consideration Annex. If Supplier foresees that it will option to purchase additional Spare Parts and Consumables, in quantities as may be unable determined by the IAA, at its sole discretion from time to manufacture and/or supply any or all Spare Partstime during the entire Contract Period, for any reason whatsoever, it shall notify ISR the prices as specified in writing six (6) months in advance, so that ISR can make any arrangements necessary to obtain alternate spare parts and Supplier shall support ISR in making all arrangementssection 18.3 below. 17.3. Notwithstanding the undertaking The supply of Supplier to sell ISR the necessary Spare Parts for a period specified in Section 17.1 above, ISR and Consumables during the OMP Period and during the Warranty Period shall be under no obligation whatsoever at the Supplier's responsibility and expense, and such Spare Parts and Consumables will be delivered DAP (Incoterms 2010) to acquire the Site. 17.4. During the Maintenance Period, any Spare Parts and Consumables that shall be purchased by the IAA (if any are ordered), shall be delivered by the Supplier FCA at the nearest sea port or international airport to Supplier's location, from Supplierwhich there are direct flights or shipping lines to Israel, within 3 months from the date the Supplier has received the IAA's purchase order concerning such Spare Parts and/or Consumables. ISRDefected parts that are required to be sent back to the Supplier during the Maintenance Period will be sent back by the IAA and at its expense. 17.5. The Supplier undertakes to maintain the availability of all Spare Parts and Consumables necessary for the proper operation and the maintenance of the System in compliance with the System Requirements during the entire Contract Period. In case that any such Component becomes obsolete, in the Supplier shall be obligated to provide the IAA, at its sole discretionexpense and with no additional consideration, a compatible Component available at such time, with the same (or better) operational and performance capabilities, as outlined in the Technical Specifications. Supplier shall decide if, be responsible for obtaining any certification and/or licenses required for any such compatible Component. The supply of such compatible Component shall not affect the Technical Support Price. 17.6. Ownership and when, it will acquire title to the Spare Parts from Supplier during shall be transferred to the relevant time period. Supplier shall reasonably support ISR in acquiring IAA upon their delivery according to the Spare Parts even if ISR shall decide not to purchase terms of the Spare Parts from SupplierContract.