Common use of Continuing Availability Clause in Contracts

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;