Continuing Availability Clause Samples

Continuing Availability. Supplier agrees to offer for sale, or locate for sale, functionally equivalent or superior maintenance, support, replacement and repair parts for PRODUCT ordered pursuant to this Agreement for ten (10) years commencing from Supplier’s last shipment of such PRODUCT to Purchaser. In addition to Supplier’s obligation to offer PRODUCT support for ten (10) years from Supplier’s last shipment of PRODUCT, or as long as the technology survives, whichever is greater, Supplier agrees to provide SOFTWARE support for maintenance, replacement or updates for twenty (10) years from Supplier’s last shipment of SOFTWARE . Supplier agrees to support PRODUCT for ten (10) years from Supplier’s last shipment. Under this Paragraph, Supplier shall also give Purchaser one (1) year prior written notice of the discontinuance of the sale of maintenance, replacement and repair parts for PRODUCT. Charges for support SERVICES provided pursuant to this paragraph shall be mutually agreed upon at time of discontinuance notice. Supplier may locate a third party that will fulfill Supplier’s support obligations hereunder; however, such third party must be approved by Purchaser, such approval not to be unreasonably withheld, and should such third party fail to perform such support, Supplier shall be obligated to resume direct provision of such support or once again locate a third party subject to the same terms. When Supplier has given Purchaser such discontinuance notice, or if for any other reason Supplier is unable to provide such PRODUCT, Supplier shall, if requested by Purchaser, endeavor to arrange for a third party to continue to furnish the discontinued maintenance, replacement and repair parts to Purchaser. In the event Supplier is not requested or, if requested, is unable to find a third party to furnish such maintenance or replacement or repair of PRODUCT to Purchaser, Supplier shall, upon request by Purchaser, provide Purchaser with existing technical information and rights to the extent Supplier has such rights, including SOURCE CODE and DOCUMENTATION, at no additional charge, sufficient for Purchaser to manufacture, or have manufactured the PRODUCT and maintain, modify and upgrade the SOFTWARE. In no event shall the provision of such rights and technical information to a third party or to Purchaser be delayed beyond six (6) months after Supplier’s date of notice of discontinuance. Supplier shall protect against the loss or damage of the existing technical information required fo...

Continuing Availability a. SUPPLIER agrees to offer to sell to CINGULAR for a period of [***] years after the Termination, Cancellation or expiration date of this Agreement, or the discontinuance of any Material or Services provided hereunder, functionally equivalent additions, modifications, maintenance, replacement, and technical support services ("spare parts"). b. If SUPPLIER fails or is unable to supply such spare parts or obtain another source of supply for CINGULAR, then such inability shall be considered noncompliance with this Section and, in addition to whatever other rights and remedies CINGULAR may have at law or in equity, SUPPLIER shall be obligated to provide CINGULAR, without obligation or charge, the "technical information" or any other rights required so that CINGULAR can obtain such spare parts from other sources. c. The "technical information" includes, by example and not by way of limitation: 1. manufacturing drawings and specifications of all Materials; 2. manufacturing drawings and specifications covering special tooling, raw materials, component parts, and the operation thereof;

Continuing Availability. Supplier shall offer for sale to Company, during the term of this Agreement, PRODUCT conforming to the Technical Specifications and other Specifications set forth in this Agreement. Supplier further shall offer for sale to Company, during the term of this Agreement and until five (5) years after the expiration of this Agreement, maintenance, replacement, and repair parts ("Parts") at the Field Replaceable Unit ("FRU") level, which are functionally equivalent and identical in form and fit for the PRODUCT covered by this Agreement, including Software support for the duration of such time period. The price for PRODUCT, Parts and Software support shall be the price set forth in Supplier's then current Agreement with Company for said PRODUCT, Parts and Software support or, if no such agreement exists, at a price agreed upon by Company and Supplier. If the parties fail to agree on a price, the price shall be a reasonably competitive price for said PRODUCT, Parts and Software support at the time for delivery. The PRODUCT, Parts and Software support shall be warranted as set forth in the "WARRANTY" section of this Agreement. The term "

Continuing Availability. 13.1 For a period of five (5) years following the Ship Date of a System, Nortel shall make spare parts, or their functional equivalent, available for purchase by Company, so that Company may meet existing obligations relative to the Products included in such System. Nortel shall also make available to Company such information as is reasonably required in order to allow functionally equivalent spare parts to perform with Products previously delivered to Company. The prices charged for the spare parts following the termination of this Agreement shall be Nortel's then current published list price or its then current policy. In the event that Nortel is in material breach of the obligation stated above and has not cured such breach within the time period set forth in Section 12.2, should Nortel fail to provide said parts or to obtain another source of supply, Nortel shall be required to provide to Company (subject to the proper arrangements for confidentiality), at Company's request, the technical information or any other rights required, so that Company is able to obtain replacement parts on its own or through a third party. The technical information includes, without limitation, (a) the most current Documentation, including maintenance manuals, procedures and the like required to perform maintenance, (b) manufacturing drawings and specifications of raw materials and components comprising such parts and/or (c) manufacturing drawings and specifications covering special tooling and the operations thereof. 13.2 Nortel shall only be required to provide such technical information which it has the legal right to supply and which Nortel is then using in its day to day operations to manufacture Products or obtain parts. 13.3 The provision of such technical information to Company shall not preclude Nortel from selling or otherwise transferring any and all such technical information or other rights to any third party. 13.4 In the event Nortel intends to discontinue the availability of, or support Service for, a major module of a Product (notice may not be provided for component and individual circuit pack discontinuance), Nortel shall provide Company with at least six (6) months' prior written notice of such event and the applicable Product shall be considered manufacture discontinued or discontinued, respectively, after such six (6) month period. Nortel shall have no obligation to provide notice of manufacture discontinue if only components of a Product are being repla...

Continuing Availability. If NetScout discontinues a Product, NetScout will continue to make MasterCare or Gold Support available in accordance with NetScout’s then-current Product Life Cycle Policy, available on the My NetScout Portal.

Continuing Availability. LSI's Technical Support as described in this Section 3 shall be available to NCR during the term of the Agreement and for [*].

Continuing Availability a. [* * *] b. With respect to any Material that is hardware, if Supplier fails or is unable to supply such spare parts or obtain another source of supply for AT&T, then such inability shall be considered noncompliance with this Section and, in addition to whatever other rights and remedies AT&T may have at law or in equity, Supplier shall be obligated to provide AT&T, without obligation or charge, the “technical information” or any other rights required so that AT&T can obtain such spare parts from other sources. c. The “technical information” includes, by example and not by way of limitation: 1. manufacturing drawings and Specifications of all Material; 2. manufacturing drawings and Specifications covering special tooling, raw materials, component parts, and the operation thereof; 3. a detailed list of all commercially available parts and components purchased by Supplier, disclosing the part number, name, and location of the Supplier and price lists for the purchase. d. Supplier shall provide AT&T advance written notification no later than [* * *] prior to the discontinuance of the manufacture or the provision of any Material or Service, e. [* * *] 1. [* * *] 2. [* * *] 3. [* * *]

Continuing Availability. WPHLI shall make one of its representatives at its head office available to the Owner during WPHLI’s normal business hours, for consultation and guidance with respect to operation or management of the Owner’s Team. Consultation and guidance will normally be given by telephone.

Continuing Availability. Except as set forth in the clause DISCONTINUANCE OF MANUFACTURE, VISUAL agrees to offer for sale to AT&T, during the Term of this Agreement***: