TERM OF AVAILABILITY. A. In consideration for Buyer's purchase of any Material, Spares, Repairs, and Expendables, hereunder, Seller grants to Buyer the option to purchase Material, Spares, Repairs, and Expendables, at the last revision level purchased under this Agreement, for the period of five (5) years after the expiration date of this Agreement or any extension thereof, or for as long as said Material, Spares, Repairs, and Expendables, are made available to any of Seller's other customers, whichever is the later. Seller to provide a one (1) year advance written notice period for a last time buy at the end of the product manufacture life.
TERM OF AVAILABILITY. HP may purchase Spares and return defective spares for repair/exchange during the “Term of Availability”. The Term of Availability, for each Spare, is a period of time continuing for (i) [***] from the date Supplier last ships HP volume shipments of any Product during the Term, which the Spare is used to support and (ii) which ends upon written notification from Supplier. Supplier’s notification, discontinuing Product support (see Section 12 of PPA), must provide [***] notice to HP and identify the affected Spares. Supplier will support HP’s non-cancelable order, received a minimum [***] in advance of the end of the Term of Availability, requesting delivery for “last buy” quantities with shipment on or before the end of the Term of Availability.
TERM OF AVAILABILITY. In consideration for Buyer’s purchase of the Products, Supplier grants to Buyer the option to purchase the Products at the last revision Price level agreed between the Parties pursuant to this Agreement, for the period of five (5) years after the expiration date of the Term of this Agreement or any Extension hereof. Thereafter, Supplier may discontinue availability of the Product, provided that, at Buyer’s option, Supplier shall first:
(a) Sell Buyer sufficient quantities of the Product as Buyer deems necessary; and
(b) Grant Buyer a royalty-free, non-exclusive, worldwide Manufacturing License (as defined below) such that Buyer may make, have made, sell, modify or otherwise use the Product.
TERM OF AVAILABILITY. B.1 Seller shall make commercially reasonable efforts to make Spares available for purchase by Buyer, for at least five (5) years after the last delivery of a Product by Seller. Seller and Buyer will use commercially reasonable efforts to extend this support based on market requirements. The commencement of such five (5) year period shall be defined and communicated to Seller by Buyer’s Program management. Delivery shall be as stated on Buyer’s Order. Seller shall have the option to make available a functionally equivalent or better Spare during such five (5) year period so long as such Spare is compatible and subject to the terms of Section 4.G (Engineering Changes).
TERM OF AVAILABILITY. B.1 Seller shall make commercially reasonable efforts to make Spares available for purchase by Buyer, Spares for at least [Confidential Treatment has been requested] after the last delivery of a Product by Seller. The commencement of such [Confidential Treatment has been requested] shall be defined and communicated to Seller by Buyer’s Program management. Delivery shall be as stated on a Buyer’s order. Seller shall have the option to make available a functionally equivalent or better Spare during such [Confidential Treatment has been requested] period so long as such Spare is compatible and subject to the terms of Section 4.G (ECs). Seller and Buyer will use commercially reasonable efforts to extend this support based on market requirement.
TERM OF AVAILABILITY. In consideration for Buyer's purchase of any Spares, and/or Repairs, and/or Expendables, and/or Exchanges hereunder, Seller grants to Buyer the option to purchase Spares, and/or Repairs, and/or Expendables, and/or Exchanges at the last revision level purchased under this Agreement, for the period of ten (10) years after the expiration date of this Agreement or any extension thereof, or for as long as said Spares, and/or Repairs, and/or Expendables, and/or Exchanges are made available to any of Seller's other customers, whichever is the later.
TERM OF AVAILABILITY. Seller grants to Buyer the option to purchase Spares at the last revision level purchased under this Agreement for a period of five (5) years ("Term of Availability") ***.
TERM OF AVAILABILITY. 13.1 In consideration for Buyer's purchase of any Products or Spares hereunder, Seller grants to Buyer the option to purchase replacement Products and Spares at the last revision level purchased under this Agreement for the period [*] after Seller's formal "End of Life" or "EOL" notification during the term of this Agreement (or the Agreement's termination, as applicable), or for as long as said Products or Spares is made available to any of Seller's other customers, whichever is the later. Buyer shall use commercially reasonable efforts to provide Seller with a forecast for Buyer's anticipated purchases of Products and related Spares for each Product within [*] days of the date of "EOL" notification or the termination of this Agreement, as applicable, and Seller shall make commercially reasonable efforts, to provide Product or Spares in excess of such a forecast.
13.2 Thereafter, Seller may discontinue availability of Products or Spares by giving Buyer [*] months prior written notice, provided that, at Buyer's option, Seller shall sell Buyer, pursuant to a last time Purchase Order for each Product placed by Buyer prior to the expiration of such [*] month period sufficient quantities of Products and/or Spares [*] necessary. Such last time purchase order shall be a non-cancellable order and delivery must be scheduled to occur within the above [*] month window. Seller shall use reasonable efforts to delay [*] for the Products until Seller deems necessary to meet Buyer's requested deliveries. Should Buyer not require all of Product on such final order, Seller shall make commercially reasonable efforts to [*] and [*] for Buyer. Buyer shall pay all reasonable documented costs including, but not limited to material, labor, overhead as charged to Seller by Seller's subcontract manufacturer, and reasonable profit margin. Such cost liability shall be no more than the purchase price for the Products.
13.3 The parties shall negotiate in good faith the Terms and Conditions of the purchase set forth in Sections 13.1. and 13.2 above. However, in no event shall the [*] for Products or Spares, or any other charges related to Buyer's exercise of its rights in Section 13.2 above, [*] then [*] to Seller's other customers for [*] of Products or Spares. * Certain information on this page has been omitted and filed separately with the Commission. Confidential treatment has been requested with respect to the omitted portions.
TERM OF AVAILABILITY. Upon removal or PRODUCTS from TERAYON's pricelist without replacement pursuant to Section 3.1.9 hereinabove, TERAYON agrees to provide technical post-sales support and make spare parts and repair services available to DIGITAL for a period of three (3) years thereafter.
TERM OF AVAILABILITY. A. In consideration for Buyer's purchase of any Material hereunder, Seller grants to Buyer the option to purchase Material, at the last revision level purchased under this Agreement, for the period of seven (7) years after the last purchase against this Agreement, or for as long as said Material is made available to any of Seller's other customers, whichever is the later. The quantity of Material under this option shall be limited to a maximum of one (1) times the amount of Material purchased during the term of this Agreement.
B. Thereafter, Seller may discontinue availability of Material by giving Buyer twelve (12) months prior written notice, provided that, at Buyer's option, Seller shall: 1. Grant to Buyer a royalty-free, non-exclusive, worldwide license to make, have made, use, sell, or otherwise dispose of said material, and furnish Buyer all necessary documentation, specifications, drawings, and other data, including its sources for raw material necessary to make such Material; or
