Common use of Vendor’s Default Clause in Contracts

Vendor’s Default. 12.3.2.1 In the event that any Vendor under any standard warranty or indemnity against patent infringements obtained by the Seller pursuant to Subclause 12.3.1 or Clause 13 hereof defaults in the performance of any material obligation under such warranty or indemnity against patent infringements with respect to a Vendor Part, and the Buyer submits within a reasonable time to the Seller reasonable evidence that such default has occurred, then Subclause 12.1 or Clause 13 of this Agreement will apply to the extent the same would have been applicable had such Vendor Part been a Warranted Part except that, for obligations covered under Subclause 12.1, the shorter of (i) the Vendor's warranty period as indicated in the Supplier Product Support Agreements manual and (ii) the Seller's warranty period as indicated in Subclause 12.1.3 of this Agreement will apply. 12.3.2.2 In the event that any Vendor under any Vendor service life policy obtained by the Seller pursuant to Subclause 12.3.1 hereof defaults in the performance of any material obligation with respect thereto, and the Buyer submits within reasonable time to the Seller reasonable evidence that such default has occurred, then Subclause 12.2 of this Agreement will apply to the extent the same would have been applicable had such component, equipment, accessory or part been listed in Exhibit "D" hereto. 12.3.2.3 At the Seller's request, the Buyer will assign to the Seller, and the Seller will be subrogated to, all of the Buyer's rights against the relevant Vendor, with respect to and arising by reason of such default and the Buyer will provide reasonable assistance to enable the Seller to enforce the rights so assigned.

Vendor’s Default. 12.3.2.1 In the event that any Vendor under any standard warranty or indemnity against patent infringements obtained by the Seller pursuant to Subclause 12.3.1 or Clause 13 hereof defaults in the performance of any material obligation under such warranty or indemnity against patent infringements with respect to a Vendor Part, and the Buyer submits within a reasonable time to the Seller reasonable evidence proof that such default has occurred, then Subclause 12.1 or Clause 13 of this Agreement will apply to the extent the same would have been applicable had such Vendor Part been a Warranted Part except that, for obligations covered under Subclause 12.1, the shorter of (i) the Vendor's warranty period as indicated in the Supplier Product Support Agreements manual and (ii) the Seller's warranty period as indicated in Subclause 12.1.3 of this Agreement will apply12.1 ***. 12.3.2.2 In the event that any Vendor under any Vendor service life policy obtained by the Seller pursuant to Subclause 12.3.1 hereof defaults in the performance of any material obligation with respect thereto, and the Buyer submits within reasonable time to the Seller reasonable evidence proof that such default has occurred, then Subclause 12.2 of this Agreement will apply to the extent the same would have been applicable had such component, equipment, accessory or part been listed in Exhibit "D" G hereto. 12.3.2.3 At the Seller's request, the Buyer will assign to the Seller, and the Seller will be subrogated to, all of the Buyer's rights against the relevant Vendor, with respect to and arising by reason of such default and the Buyer will provide reasonable assistance to enable the Seller to enforce the rights so assigned.

Vendor’s Default. 12.3.2.1 In the event that any Vendor a Vendor, under any standard warranty or indemnity against patent infringements obtained by the Seller pursuant to Subclause sub-Clause 12.3.1 or Clause 13 hereof above, defaults in the performance of any material obligation under such warranty or indemnity against patent infringements with respect to a Vendor Part, such warranties and the Buyer submits within a in reasonable time to the Seller reasonable evidence proof that such default has occurred, then Subclause the provisions of sub-Clause 12.1 or Clause 13 of this Agreement will shall apply to the extent the same would have been applicable had such Vendor Part been a Warranted Part except that, for obligations covered under Subclause 12.1, that the shorter of (i) either the Vendor's ’s warranty period as indicated in the Supplier “Vendor Product Support Agreements manual and (ii) Agreement” or the Seller's ’s warranty period as indicated in Subclause sub-Clause 12.1.3 of this the Agreement will applyshall be applicable. 12.3.2.2 In the event that any Vendor a Vendor, under any Vendor service life policy Service Life Policy obtained by the Seller pursuant to Subclause sub-Clause 12.3.1 hereof above, defaults in the performance of any material obligation with respect thereto, to such warranties and the Buyer submits within in reasonable time to the Seller reasonable evidence proof that such default has occurred, then Subclause sub-Clause 12.2 of this Agreement will shall apply to the extent the same would have been applicable had such component, equipment, accessory or part Vendor Item been listed in Exhibit "D" hereto“C”, Seller Service Life Policy of the Agreement. 12.3.2.3 At the Seller's ’s request, the Buyer will shall assign to the Seller, and the Seller will shall be subrogated to, all of the Buyer's ’s rights against the relevant Vendor, Vendor with respect to and arising by reason of such default and the Buyer will shall provide reasonable assistance to enable the Seller to enforce the rights so assigned.

Vendor’s Default. 12.3.2.1 In the event that any Vendor under any standard warranty or indemnity against patent and copyright infringements obtained by the Seller pursuant to Subclause sub-Clause 12.3.1 or Clause 13 hereof defaults in the performance of any material obligation under such warranty or indemnity against patent and copyright infringements with respect to a Vendor Part, and the Buyer submits within a reasonable time to the Seller reasonable evidence proof that such default has occurred, then Subclause sub-Clause 12.1 or Clause 13 of this Agreement will apply to the extent the same would have been applicable had such Vendor Part been a Warranted Part except that, for obligations covered under Subclause sub-Clause 12.1, the shorter of (i) the Vendor's warranty period as indicated in the Supplier Product Support Agreements manual and (ii) the Seller's warranty period as indicated in Subclause sub-Clause 12.1.3 of this Agreement will apply. 12.3.2.2 In the event that any Vendor under any Vendor service life policy obtained by the Seller pursuant to Subclause sub-Clause 12.3.1 hereof defaults in the performance of any material obligation with respect thereto, and the Buyer submits within reasonable time to the Seller reasonable evidence proof that such default has occurred, then Subclause sub-Clause 12.2 of this Agreement will apply to the extent the same would have been applicable had such component, equipment, accessory or part been listed in Exhibit "D“H" hereto. 12.3.2.3 At the Seller's request, the Buyer will assign to the Seller, and the Seller will be subrogated to, all of the Buyer's rights against the relevant Vendor, with respect to and arising by reason of such default and the Buyer will provide reasonable assistance to enable the Seller to enforce the rights so assigned.

Vendor’s Default. 12.3.2.1 In the event that any Vendor under any standard warranty or indemnity against patent infringements obtained by the Seller pursuant to Subclause 12.3.1 or Clause 13 hereof defaults in the performance of any material obligation under such warranty or indemnity against patent infringements with respect to a Vendor Part, and the Buyer submits within a reasonable time to the Seller reasonable evidence proof that such default has occurred, then Subclause 12.1 or Clause 13 of this Agreement will shall apply to the extent the same would have been applicable had such Vendor Part been a Warranted Part except that, for obligations covered under Subclause 12.1, the shorter longer of (i) the Vendor's warranty period as indicated in the Supplier Product Support Agreements manual and (ii) the Seller's warranty period as indicated in Subclause 12.1.3 of this Agreement will shall apply. 12.3.2.2 In the event that any Vendor under any Vendor service life policy obtained by the Seller pursuant to Subclause 12.3.1 hereof defaults in the performance of any material obligation with respect thereto, and the Buyer submits within reasonable time to the Seller reasonable evidence proof that such default has occurred, then Subclause 12.2 of this Agreement will shall apply to the extent the same would have been applicable had such component, equipment, accessory or part been listed in Exhibit "D" hereto. 12.3.2.3 At the Seller's request, the Buyer will shall assign to the Seller, and the Seller will shall be subrogated to, all of the Buyer's rights against the relevant Vendor, with respect to and arising by reason of such default and the Buyer will shall provide reasonable assistance to enable the Seller to enforce the rights so assigned.

Vendor’s Default. 12.3.2.1 In the event that of any Vendor Vendor, under any standard warranty or indemnity against patent infringements obtained by the Seller pursuant to Subclause 12.3.1 or sub-Clause 13 hereof defaults 12.3.1, defaulting in the performance of any material obligation under such warranty or indemnity against patent infringements with respect to a Vendor Part, thereto and the Buyer submits within a submitting in reasonable time to the Seller reasonable evidence proof that such default has occurred, then Subclause sub-Clause 12.1 or Clause 13 of this Agreement will shall apply to the extent the same would have been applicable had such Vendor Part been a Warranted Part Part, except that, for obligations covered under Subclause 12.1, the shorter of (i) that the Vendor's warranty period as indicated in the Supplier "Vendor Product Support Agreements manual and (ii) the Seller's warranty period as indicated in Subclause 12.1.3 of this Agreement will Agreement" shall apply. 12.3.2.2 In the event that of any Vendor Vendor, under any Vendor service life policy Service Life Policy obtained by the Seller pursuant to Subclause 12.3.1 hereof defaults sub-Clause 12.3.1, defaulting in the performance of any material obligation with respect thereto, thereto and the Buyer submits within submitting in reasonable time to the Seller reasonable evidence proof that such default has occurred, then Subclause sub-Clause 12.2 of this Agreement will shall apply to the extent the same would have been applicable had such component, equipment, accessory or part Vendor Item been listed in Exhibit "DC", Seller Service Life Policy, except that the Vendor's Service Life Policy period as indicated in the "Vendor Product Support Agreement" heretoshall apply. 12.3.2.3 At the Seller's request, the Buyer will shall assign to the Seller, and the Seller will shall be subrogated to, all of the Buyer's rights against the relevant Vendor, Vendor with respect to and arising by reason of such default and the Buyer will shall provide reasonable assistance to enable the Seller to enforce the rights so assigned.

Vendor’s Default. 12.3.2.1 In the event that any Vendor under any standard warranty or indemnity against patent infringements obtained by the Seller pursuant to Subclause 12.3.1 or Clause 13 hereof defaults in the performance of any material obligation under such warranty or indemnity against patent infringements with respect to a Vendor Part, and the Buyer submits within a reasonable time to the Seller reasonable evidence proof that such default has occurred, then Subclause 12.1 or Clause 13 of this Agreement will shall apply to the extent the same would have been applicable had such Vendor Part been a Warranted Part except that, for obligations covered under Subclause 12.1, the shorter of (i) the Vendor's warranty period as indicated in the Supplier Product Support Agreements manual and (ii) the Seller's warranty period as indicated in Subclause 12.1.3 of this Agreement will apply12.1(CONFIDENTIAL MATERIAL OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO A REQUEST FOR CONFIDENTIAL TREATMENT). 12.3.2.2 In the event that any Vendor under any Vendor service life policy obtained by the Seller pursuant to Subclause 12.3.1 hereof defaults in the performance of any material obligation with respect thereto, and the Buyer submits within reasonable time to the Seller reasonable evidence proof that such default has occurred, then Subclause 12.2 of this Agreement will shall apply to the extent the same would have been applicable had such component, equipment, accessory or part been listed in Exhibit "D" G hereto. 12.3.2.3 At the Seller's request, the Buyer will shall assign to the Seller, and the Seller will shall be subrogated to, all of the Buyer's rights against the relevant Vendor, with respect to and arising by reason of such default and the Buyer will shall provide reasonable assistance to enable the Seller to enforce the rights so assigned.