Changes to the Products. Affymetrix shall notify BCI of any proposed changes to a Product or to the raw materials used therein, or the methods for their manufacture, storage or shipment which may alter the Product's stability or performance. Such notice shall include a full description of the proposed change and sufficient samples of the proposed new product for BCI -------------- SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION. to determine if the new product meets each and all of the specifications for such Product in Exhibit A, correlates in all respects with the Product or requires any operating software change for the BCI System. BCI will complete such determination promptly, but in no event longer than [ ](8) after receipt of such samples. If BCI determines that the proposed new product either does not meet specifications or does not correlate with the existing Product, then Affymetrix will, at its option, either not make the change or continue to sell BCI the existing Product for the remainder of the term of this Agreement. If BCI determines that the proposed new product meets specifications and correlates with the existing Product but requires a change to the operating software for the BCI System, then Affymetrix agrees to and shall: (a) continue to sell BCI the existing Product until the introduction of BCI's next regularly scheduled software modification for the effected BCI System and (b) provide sufficient samples of the new product at the prices specified in Paragraph 4.3, for BCI to perform system validation. If BCI determines that the proposed new product meets specifications, correlates with the existing Product and does not require any change to the operating software, then Affymetrix may make the desired changes and introduce the new product on ninety (90) days prior written notice.
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Changes to the Products. Affymetrix shall notify BCI of any proposed changes to a Product or to the raw materials used therein, or the methods for their manufacture, storage or shipment which may alter the Product's stability or performance. Such notice shall include a full description of the proposed change and sufficient samples of the proposed new product for BCI -------------- SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION. to determine if the new product meets each and all of the specifications for such Product in Exhibit A, correlates in all respects with the Product or requires any operating software change for the BCI System. BCI will complete such determination promptly, but in no event longer than [ ]four (8) 4) months after receipt of such samples. If BCI determines that the proposed new product either does not meet specifications or does not correlate with the existing Product, then Affymetrix will, at its option, either not make the change or continue to sell BCI the existing Product for the remainder of the term of this Agreement. If BCI determines that the proposed new product meets specifications and correlates with the existing Product but requires a change to the operating software for the BCI System, then Affymetrix agrees to and shall: (a) continue to sell BCI the existing Product until the introduction of BCI's next regularly scheduled software modification for the effected BCI System and (b) provide sufficient samples of the new product at the prices specified in Paragraph 4.3, for BCI to perform system validation. If BCI determines that the proposed new product meets specifications, correlates with the existing Product and does not require any change to the operating software, then Affymetrix may make the desired changes and introduce the new product on ninety (90) days prior written notice.
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