Common use of Items Covered Clause in Contracts

Items Covered. All Items supplied (including Services other than Development Services) to Applied by Supplier, even if sold pursuant to a separate Purchase Order, will be covered by this Agreement; provided that the terms, provisions and conditions of this Agreement (if any) applicable to Services rendered pursuant to a DVA shall be determined in accordance with the DVA. This Agreement does not apply to goods, parts, products or services that Unit Instruments, Inc., or any other subsidiary or affiliate of Supplier provides to Applied. This Agreement likewise does not apply to goods, parts, products or services provided to Applied pursuant to the currently effective Global Supply Agreement dated as of October 27, 2000 (with execution dates of October 4, 2000 and October 19, 2000), for weldments and other items provided to Applied by Insync Systems, Inc. (now merged into, and a division of, Supplier), or pursuant to subsequent agreements for such goods, parts, products or services, even though Supplier is successor by merger to Insync Systems, Inc. Such other agreement(s) for goods, parts, products or services shall continue in effect in accordance with their respective terms, but shall not affect this Agreement. New Items may be added to Attachment 1 upon mutual written agreement of Applied and Supplier from time to time.

Items Covered. All Items supplied (including Services other than Development Services) to Applied by Supplier, even if sold pursuant to a separate Purchase Order, will be covered by this Agreement; provided that the terms, provisions and conditions of this Agreement (if any) applicable to Services rendered pursuant to a DVA shall be determined in accordance with the DVA. This Agreement does not apply to goods, parts, products or services that Unit Instruments, Inc., or any other CONFIDENTIAL TREATMENT REQUESTED subsidiary or affiliate of Supplier provides to Applied. This Agreement likewise does not apply to goods, parts, products or services provided to Applied pursuant to the currently effective Global Supply Agreement dated as of October 27, 2000 (with execution dates of October 4, 2000 and October 19, 2000), for weldments and other items provided to Applied by Insync Systems, Inc. (now merged into, and a division of, Supplier), or pursuant to subsequent agreements for such goods, parts, products or services, even though Supplier is successor by merger to Insync Systems, Inc. Such other agreement(s) for goods, parts, products or services shall continue in effect in accordance with their respective terms, but shall not affect this Agreement. New Items may be added to Attachment 1 upon mutual written agreement of Applied and Supplier from time to time.