Substitutions and Modifications. Mercury reserves the right to make substitutions or modifications in the specifications or design of any Hardware provided that such changes do not adversely affect product form, fit, function or performance.
Substitutions and Modifications. Seller will have the right to make substitutions and modifications of the specifications of Products sold by Seller, provided that such substitutions or modifications will not materially affect overall Product performance.
Substitutions and Modifications. Seller may substitute or modify goods or Services provided the substituted or modified goods or Services comply with applicable specifications. Seller may overship or undership up to ten percent (10 %) on any order; invoices shall be based on the quantity actually shipped.
Substitutions and Modifications. ZTE reserves the right, at any time before delivery or acceptance, whichever is later, to modify, replace or substitute Products or their components of its manufacture, or materials procured from its suppliers, and relevant Software to be supplied, provided that such modification, replacement or substitution does not adversely affect the operational requirements or performance in accordance with the Product Specification or maintenance of the particular Products and Software to be delivered and will not result in additional charges to Gogo.
Substitutions and Modifications. Vendor reserves the right to modify the design and specifications of the Products supplied hereunder, provided the modification does not adversely affect its operation, life or interchangeability, and meets or exceeds Specifications (defined in Section 15 herein) and is subject to the General Warranty Provisions of Section 8 of this Agreement.
Substitutions and Modifications. Viking reserves the right to make any necessary corrections or changes in the design, part number or nomenclature of Spares covered by an order, to substitute Spares and to adjust prices accordingly, provided that interchangeability is not affected. Viking shall promptly give buyer written notice of corrections, changes, substitutions and consequent price adjustments. Corrections, changes, substitutions and price adjustments which affect interchangeability or exceed the quoted price may be made only with buyer's consent, which consent will conclusively deemed to have been given unless buyer gives Viking, written notice of objection within fifteen (15) days after receipt of Viking's notice, hence giving the right to buyer to cancel the order.
Substitutions and Modifications. In addition to any right of substitution pursuant to Section 3.03 of the Contribution Agreement, the Servicer has the right (but not the obligation) at any time to substitute one or more Series 1998-1 Contracts (each a "Substitute Contract") for a Series 1998-1 Contract ("Predecessor Contract") if:
(i) the Predecessor Contract then meets the requirements for being a "Charged-Off Contract," and
(ii) the aggregate Contract Principal Balance(s) of such Substitute Contract or Contracts is at least equal to the aggregate Contract Principal Balance(s) of such Predecessor Contract or Contracts, each as of the Calculation Date immediately following the date of such substitution and calculated, with respect to the Predecessor Contract, as if such Predecessor Contract were not a Charged-Off Contract.
(iii) the aggregate, cumulative Contract Principal Balance of all Substitute Contracts does not exceed 10% of the Original Aggregate Contract Principal Balance, exclusive of Substitute Contracts relating to any breach of the representations or warranties as provided in Section 3.01 of the Contribution Agreement.
Substitutions and Modifications. Supplier shall give Qwest (***) advance written notice of any material modification in the design or Specifications of the Products supplied hereunder to Products previously made available hereunder. If any such modification, which affects the Form, Fit or Function of the Products and (i) adversely affects the expected life, operation or performance of any Equipment or Software; (ii) causes Qwest to incur significant costs (including a write down of equipment or equipment-related assets); (iii) prevents proper operation of equipment in the Qwest network that otherwise meets Specifications; or (iv) prevents any Product from meeting the applicable Specifications, Qwest shall have the right to return to Supplier such modified Product and Supplier shall have the obligation of replacing such modified Product with compliant Product. No such replacement or substitution shall result in an increased purchase price.
Substitutions and Modifications. The SUPPLIER reserves the right to make improvements or modifications in the specifications of the PRODUCT and/or SERVICE supplied by the SUPPLIER provided that such improvements, substitutions, or modifications will not materially worsen the overall performance of the PRODUCT and/or SERVICE.
Substitutions and Modifications. Xxxxxxxxxx shall have the right to make substitutions and modifications in the specifications of the Products, provided that such substitutions or modifications will not materially adversely affect overall Products performance.
