Common use of Availability of Parts Clause in Contracts

Availability of Parts. During the term of this Agreement and for a period of (5) years thereafter, Enova shall maintain the capability to manufacture or otherwise provide to Purchaser spare parts for the Panther Drive Systems that it purchases hereunder, except to the extent that Enova is unable to do so due to unavailability of parts from its supplier; provided that in response to a request by Purchaser to supply such spare parts during this period, Enova may, at its option, instead provide to Purchaser all necessary information to enable Purchaser to acquire each spare part from component suppliers. At any time that Enova is still manufacturing or otherwise providing spare parts to Purchaser under this Agreement, Enova may, at its option, make substitutions in the spare parts it provides so long as the substitute part has equivalent or better form, fit and function.

Availability of Parts. During the term of this Agreement and for a period of (5) years thereafter, Enova shall maintain the capability to manufacture or otherwise provide to Enova Panther(TM) Propulsion System Product and Services Agreement Purchaser spare parts for the Panther Drive Systems that it purchases hereunder, except to the extent that Enova is unable to do so due to unavailability of parts from its supplier; provided that in response to a request by Purchaser to supply such spare parts during this period, Enova may, at its option, instead provide to Purchaser all necessary information to enable Purchaser to acquire each spare part from component suppliers. At any time that Enova is still manufacturing or otherwise providing spare parts to Purchaser under this Agreement, Enova may, at its option, make substitutions in the spare parts it provides so long as the substitute part has equivalent or better form, fit and function.