Common use of Substitutions and Modifications Clause in Contracts

Substitutions and Modifications. Supplier shall give Qwest (***) advance written notice of any material modification in the design or Specifications of the Products supplied hereunder to Products previously made available hereunder. If any such modification, which affects the Form, Fit or Function of the Products and (i) adversely affects the expected life, operation or performance of any Equipment or Software; (ii) causes Qwest to incur significant costs (including a write down of equipment or equipment-related assets); (iii) prevents proper operation of equipment in the Qwest network that otherwise meets Specifications; or (iv) prevents any Product from meeting the applicable Specifications, Qwest shall have the right to return to Supplier such modified Product and Supplier shall have the obligation of replacing such modified Product with compliant Product. No such replacement or substitution shall result in an increased purchase price.

Substitutions and Modifications. Supplier shall give Qwest (***) advance written notice of any material modification in the design or Specifications of the Products supplied hereunder to Products previously made available hereunder. If any such modification, which affects the Form, Fit or Function of the Products and (i) adversely affects the expected life, operation or performance of any Equipment or Software; (ii) causes Qwest to incur significant costs (including without limitation a write down of equipment or equipment-related assets); (iii) prevents proper operation of equipment in the Qwest network that otherwise meets Specifications; or (iv) prevents any Product from meeting the applicable Specifications, Qwest shall have the right to return to Supplier such modified Product and Supplier shall have the obligation of replacing such modified Product with compliant Product. No such replacement or substitution shall result in an increased purchase price.