Common use of Continuing Availability Clause in Contracts

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 "