Common use of TECHNICAL ASSISTANCE AND MARKETING SUPPORT Clause in Contracts

TECHNICAL ASSISTANCE AND MARKETING SUPPORT. Certain information on this page has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions. 16.1 Technical assistance consists of those services described in this Section. 16.2 Product training shall be provided by Seller to Nortel as mutually agreed upon by the Parties. 16.3 In addition, Seller shall provide Nortel with Product training documentation and related information material as mutually agreed upon by the Parties. 16.4 All technical assistance rendered during the Product Warranty Period shall be provided to Nortel [*]. In all other cases, Seller's current rates applicable to technical assistance are those set forth in Exhibit D. Any technical assistance which Seller shall provide to Nortel or its customers shall be pursuant to a written request from Nortel's designated personnel, or such other individual that Nortel may from time to time designate. The availability or performance of technical assistance under this Section 16, shall not be construed as altering or affecting Seller's other obligations under this Agreement, including under Sections 6 (Quality Control and Reliability Requirements, Supply Management and Nortel's Audit Rights), 12 (Warranty) and 5 (Product and Process Changes). 16.5 Seller shall provide technical assistance as set forth in this Section 16 in order to facilitate the providing by Nortel of technical assistance to its customers. In order to facilitate Nortel's support of its customers, Seller shall provide to designated Nortel personnel only, [*] for a period of [*] following the expiration of this Agreement, telephone access to qualified Seller's technical personnel [*]. 16.6 It shall be Nortel's responsibility to provide `first line' technical assistance to its customers. 16.7 Seller's failure to provide technical assistance as required under this Section 16 shall constitute a material breach of Seller's obligations hereunder. 16.8 Subject to the provisions set forth in Section 17, in order to assist Nortel in its Product related marketing activities, Seller shall provide Nortel with reasonable and mutually agreed upon marketing support. 16.9 Subject to the provisions set forth in Section 17, in order to assist Seller in its Product related marketing activities, Nortel shall provide Seller with reasonable and mutually agreed upon marketing support.

TECHNICAL ASSISTANCE AND MARKETING SUPPORT. Certain information on this page has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions. 16.1 Technical assistance consists of those services described in this Section. 16.2 Product training shall be provided by Seller to Nortel as mutually agreed upon by the Parties. 16.3 In addition, Seller shall provide Nortel with Product training documentation and related information material as mutually agreed upon by the Parties. 16.4 All technical assistance rendered during the Product Warranty Period shall be provided to Nortel [*]at no charge. In all other cases, Seller's current rates applicable to technical assistance are those set forth in Exhibit D. Any technical assistance which Seller shall provide to Nortel or its customers shall be pursuant to a written request from Nortel's designated personnel, or such other individual that Nortel may from time to time designate. The availability or performance of technical assistance under this Section 16, shall not be construed as altering or affecting Seller's other obligations under this Agreement, including under Sections 6 (Quality Control and Reliability Requirements, Supply Management and Nortel's Audit Rights), 12 (Warranty) and 5 (Product and Process Changes). 16.5 Seller shall provide technical assistance as set forth in this Section 16 in order to facilitate the providing by Nortel of technical assistance to its customers. In order to facilitate Nortel's support of its customers, Seller shall provide to designated Nortel personnel only, [*] without charge for a period of [*] five (5) years following the expiration of this Agreement, telephone access to qualified Seller's technical personnel [*]eight (8) hours per day, five (5) days per week, standard business days not including holidays, 8 am to 5 pm CST. 16.6 It shall be Nortel's responsibility to provide `first line' technical assistance to its customers. 16.7 Seller's failure to provide technical assistance as required under this Section 16 shall constitute a material breach of Seller's obligations hereunder. 16.8 Subject to the provisions set forth in Section 17, in order to assist Nortel in its Product related marketing activities, Seller shall provide Nortel with reasonable and mutually agreed upon marketing support. 16.9 Subject to the provisions set forth in Section 17, in order to assist Seller in its Product related marketing activities, Nortel shall provide Seller with reasonable and mutually agreed upon marketing support.

TECHNICAL ASSISTANCE AND MARKETING SUPPORT. Certain information on this page has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions. 16.1 17.1 Technical assistance consists of those services described in this Section.Section and in Exhibit H. 16.2 17.2 Product training shall be provided by Seller Supplier to Nortel Networks as mutually agreed upon by the Parties.set forth in Exhibit H. 16.3 17.3 In addition, Seller Supplier shall provide Nortel Networks with Product training documentation and related information material as mutually agreed upon by the Partiesset forth in Exhibit H, Part III. 16.4 17.4 All technical assistance rendered during the Product Warranty Period shall be provided to Nortel [*]. In all other casesNetworks at no charge or as specified in Exhibits D OR H. For technical service not specified as free of charge, SellerSupplier's current rates applicable to technical assistance are those set forth in Exhibit D. Any technical assistance which Seller Supplier shall provide to Nortel Networks or its customers shall be pursuant to a written request from Nortel's Nortel Networks' designated personnel, or such other individual that Nortel Networks may from time to time designate. The availability or performance of technical assistance under this Section 1617, shall not be construed as altering or affecting SellerSupplier's other obligations under this Agreement, including under Sections 6 (Quality Control and Reliability Requirements, Supply Management and Nortel's Nortel Networks' Audit Rights), 12 13 (Warranty) and 5 (Product and Process Changes). 16.5 Seller 17.5 Supplier shall provide technical assistance as set forth in this Section 16 Exhibit H in order to facilitate the providing by Nortel Networks of technical assistance to its customers. In order to facilitate Nortel's support of its customers, Seller shall provide to designated Nortel personnel only, [*] for a period of [*] following the expiration of this Agreement, telephone access to qualified Seller's technical personnel [*]. 16.6 It shall be Nortel's responsibility to provide `first line' technical assistance to its customers. 16.7 Seller17.6 `First line' technical assistance shall be provided to Nortel Networks customers as described in Exhibit H. 17.7 Supplier's failure to provide technical assistance pursuant to good commercial practices as required under this Section 16 17 shall constitute a material breach of SellerSupplier's obligations hereunder. 16.8 Subject to the provisions set forth in Section 17, in 17.8 In order to assist Nortel Networks in its Product related marketing activities, Seller Supplier shall provide Nortel Networks with reasonable and mutually agreed upon marketing support. 16.9 Subject to the provisions set forth support in Section 17, in order to assist Seller in its Product related marketing activities, Nortel shall provide Seller accordance with reasonable and mutually agreed upon marketing support.Exhibit K.

TECHNICAL ASSISTANCE AND MARKETING SUPPORT. Certain information on this page has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions. 16.1 17.1 Technical assistance consists of those services described in this Section.Section and in Exhibit H. 16.2 17.2 Product training shall be provided by Seller Avanex to Nortel Networks as mutually agreed upon by the Parties.set forth in Exhibit H. 16.3 17.3 In addition, Seller Avanex shall provide Nortel Networks with Product training documentation and related information material as mutually agreed upon by the Partiesset forth in Exhibit H, Part II. 16.4 17.4 All technical assistance rendered during the Product Warranty Period shall be provided to Nortel [*]Networks at no charge. In all other cases, SellerAvanex's current rates applicable to technical assistance are those set forth in Exhibit D. Any technical assistance which Seller Avanex shall provide to Nortel Networks or its customers shall be pursuant to a written request from Nortel's Nortel Networks' designated personnel, or such other individual that Nortel Networks may from time to time designate. The availability or performance of technical assistance under this Section 1617, shall not be construed as altering or affecting SellerAvanex's other obligations under this Agreement, including under Sections 6 (Quality Control and Reliability Requirements, Supply Management and Nortel's Nortel Networks' Audit Rights), 12 13 (Warranty) and 5 (Product and Process Changes). 16.5 Seller 17.5 Avanex shall provide technical assistance as set forth in this Section 16 Exhibit H, Part II in order to facilitate the providing by Nortel Networks of technical assistance to its customers. In order to facilitate Nortel's Nortel Networks' support of its customers, Seller shall Avanex shall, subject to Section 17.4 hereof, provide to designated Nortel Networks personnel only, [*] only for a period of [*] five (5) years following the expiration of this Agreement, telephone access to qualified SellerAvanex's technical personnel [*]twenty-four (24) hours per day, seven (7) days per week, every day of the year. 16.6 17.6 It shall be Nortel's Nortel Networks' responsibility to provide `first line' technical assistance to its customers.customers as described in Exhibit H, Part I. 16.7 Seller17.7 Avanex's failure to provide technical assistance in any material respect as required under this Section 16 17 shall constitute a material breach of SellerAvanex's obligations hereunder. 16.8 Subject to the provisions set forth in Section 17, in 17.8 In order to assist Nortel Networks in its Product related marketing activities, Seller Avanex shall provide Nortel Networks with reasonable and mutually agreed upon marketing support. 16.9 Subject to the provisions set forth support in Section 17, in order to assist Seller in its Product related marketing activities, Nortel shall provide Seller accordance with reasonable and mutually agreed upon marketing support.Exhibit J.