Common use of End User Training Clause in Contracts

End User Training. Distributor shall be responsible for providing in-service training to Stress MTWA System Purchasers regarding the use of the Stress MTWA System (except as otherwise provided in this Section 8(c). CHI agrees to provide a Starter Test Kit as well as CHI’s standard in-service training session regarding the use of the MTWA Test Module (the “Installation Training Service”) to each Stress MTWA System Purchaser located in the United States of America. In order to facilitate such training, Distributor shall provide to CHI a notice of the sale of each Stress MTWA System in the United States of America within ten (10) Business Days of the date of sale, which notice shall include the location of the Stress MTWA System and the date of installation. CHI shall use its commercially reasonable efforts to provide the Installation Training Service within 21 days, but not later than 45 days (the “Installation Training Window”), following the later of (i) the date of installation of the Stress MTWA System as set forth in the applicable notice from Distributor, (ii) the date that CHI receives Distributor’s notice of sale of the Stress MTWA System and (iii) the training date specified by the end-user, provided that CHI shall not be required to provide the Installation Training Services within the Installation Training Window to the extent (A) that the number of Stress MTWA Systems in a fiscal quarter exceeds the applicable Quarterly Forecast Amount or (B) that the delay is due to the action or inaction of the end-user customer. Notwithstanding the foregoing, the Installation Training Service provided hereunder shall be comparable to the standard installation training that CHI offers its own end-user customers or the end-user customers of CHI’s other OEM customers, if any.

Appears in 3 contracts

Sources: Development, Supply and Distribution Agreement (Cambridge Heart Inc), Development, Supply and Distribution Agreement (Cambridge Heart Inc), Development, Supply and Distribution Agreement (Cambridge Heart Inc)