Common use of Custom Products Clause in Contracts

Custom Products. 1.3.1 The parties agree that the Products to be offered for sale to Distributor hereunder are intended to be the photovoltaic modules (and, to the extent applicable, Systems) of Seller which are made generally commercially available by Seller from time to time during the Term. Seller shall, upon the reasonable request of Distributor, use reasonable commercial efforts to customize the Products (the "Custom Products") to meet the specifications of any materially strategically important end-user of Distributor, provided that Seller receives satisfactory assurances from Distributor that the volume of sales to such end-user will justify Seller's development costs for such Custom Products. Notwithstanding the foregoing, Seller also shall use reasonable commercial efforts to adapt existing Products for sale in Japan, provided that such adaptation is reasonably required in order to effect the sale of the Products in Japan in order to comply with Japanese regulations or other requirements. Such adapted Products will be deemed Custom Products for all purposes herein. To the extent the parties agree to include any such Custom Products for sale hereunder, the parties will cause EXHIBIT A to be amended to include such Custom Products as Products for sale hereunder. The terms and conditions of any such sales of Custom Products shall be as set forth herein with respect to Products unless otherwise agreed to by Seller and Distributor.