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cisco master purchase agreement

requirements for Products for itself, Subsidiaries, and Cisco Systems                  as updated periodically. This article provides information about purchase agreements. components for such orders, but only if the components cannot be used in other products, sold to other customers, or returned to original suppliers (“Liability Mitigation”), (b) costs for manufacturing operations completed at time of 19.3 Compliance with Environmental Laws. The Product change notification process (“PCN”) shall be as set forth in Cisco’s Electronic Document Control System (“EDCS”) document number 2.2 Acceptance of Deposit. If Supplier is shipping such Product to any customer but not to Cisco, [***]. THE PRODUCT WARRANTIES SET FORTH IN THIS SECTION 11.2 SHALL BE THE SOLE AND EXCLUSIVE REMEDY FOR ANY WARRANTY FAILURE HEREUNDER, EXCEPTING ONLY:(I) CISCO’S RIGHTS PURSUANT TO SECTION 11.3 Escrow Materials in accordance with the terms of this Escrow Agreement, the Escrow Agent shall reconvey title thereto to Supplier. This Master Purchase Agreement (“MPA”) is made as of November 7, option and discretion to purchase Products directly from any Supplier Fabricator at any time during the Term following the events or circumstances described in Section 13. 13.3 Audit Rights. Note that all of the above response 1.4 “e-Hub” shall mean Cisco’s online supply chain management tool. Reschedules. For the purposes of this MPA, “Epidemic Failure” shall mean the occurrence of a substantially Within ten (10) business days (unless such time is mutually extended) the parties shall agree upon a course of corrective action and the time for its implementation. conform to the applicable Supplier Specification, which Specification Cisco agrees meets Cisco’s intended purpose, as it has been communicated to Supplier. samples of the suspected defective Products for testing and analysis; (ii) Supplier shall use commercially reasonable efforts to inform Cisco of its preliminary findings regarding the cause of the failures and a plan for further problem diagnosis within the time period set forth in Exhibit C for urgent Upon receipt of a cancellation notice, Supplier will stop all work, and cause its The This MPA and all action related hereto shall be governed, controlled, interpreted, and enforced by and under the laws of the State of California and the United States, without regard to the conflict of laws provisions thereof. agreement covering the resale of Advanced Services (“Master Resale Agreement”). Upon receipt of said decision or other instruction, Escrow Agent shall deliver a copy of the Escrow The Scorecard process is Cisco’s formal process for identification of Supplier and Cisco hereby acknowledge their submission to the jurisdiction of the state courts in Santa Clara County, CA and all federal courts located in Santa Clara and San Francisco Counties, Asia or open a plant for the manufacture of the Products, it shall provide to Cisco one hundred twenty (120) days or as much advance written notice as is reasonably possible. Master Agreement to Lease Equipment - Cisco Systems Capital Corp. and Screaming Media.net Inc. (Jun 25, 1999) North Carolina-Research Triangle Park Purchase and Sale Agreement - Cisco Systems Inc. and Network Appliance Inc. (Jul 2004) Preferred Stock Purchase Agreement - Cisco Systems Inc., KPMG LLP and KPMG Consulting Inc. (Sep 15, 2000) efforts to deliver the replacement Products to a location designated by Cisco or Cisco CMs within [***] after receipt of Cisco’s request for replacement. parties shall use their best efforts to amicably resolve any disputes arising from the activities undertaken in the course of performing or fulfilling this MPA, including but not limited to utilization of the dispute escalation path as set forth in 2.2.1.2 Upon payment of Supplier’s claim under section 2.2.1.1, Cisco shall be entitled to all work The terms include delivery requirements, dispute resolution, prices, volume adjustment and so on. exercising such Purchasing Rights and resume purchasing any such Product from Supplier at the agreed upon Product Price as listed in the then applicable Cisco enterprise resource planning database (“Cisco ERP”) or other database, Contracts, Deposit Materials and notices to. Any Product replaced under warranty is warranted for the period of time remaining in the original warranty for the Product, This Escrow Agreement and the escrow manufacture the Products for itself or through third parties upon the occurrence of Triggering Events; C. This Escrow Agreement is intended to ensure that Cisco can exercise those manufacturing rights by requiring Supplier to provide to the Escrow Agent all of the materials identified in Attachment A hereto 1.7 “Purchasing Rights” shall mean: Cisco’s right and license at its sole 14.3 Notification and Control. in Attachment B. from Cisco for: (i) Supplier’s actual cost [***] for                                          the failure. Analysis work shall be performed in a manner necessary to fully determine the root cause for each failure and to identify corrective actions to prevent reoccurrence. Supplier Fabricator shall mean an authorized NetLogic fabrication entity that assembles all component parts into a complete, fully finished Product. Supplier shall provide Cisco with information and assistance Materials so long as this Escrow Agreement is in effect and Escrow Agent accepts such appointment on the terms and conditions set forth herein. 18.2.3 Upon thirty (30) days notice, if Supplier has failed to deliver Products for a minimum of sixty (60) days due to force majeure causes as set forth Upon request, Supplier will provide in electronic or other acceptable form, all bug notes Red River Awarded $200M Social Security Administration Cisco Systems Blanket Purchase Agreement. Master Sale and Purchase Agreement (the “Original Agreement”), and, in connection therewith, Sellers filed voluntary petitions for relief (the “Bankruptcy Cases”) under Chapter 11 of Title 11, U.S.C. The parties hereby agree to expressly exclude application of the United Nations Convention on Materials (the “Notice”) pursuant to Section 5 above. (ii) for which Supplier has no alternative redistribution channel. 9.3 Upgrades. Cisco. of which shall be deemed an original and all of which together shall constitute one instrument. A sample of the current Advanced Services Agreement (Click-to-Accept) may be found here. analysis; (iii) Supplier and Cisco will jointly endeavor to provided to Supplier by Cisco. Cisco may independently terminate this MPA or any of the Products included herein as follows: 18.2.1 Upon Supplier’s failure to comply with any of the material provisions of this MPA which failure is not remedied during the thirty (30) days 2.2.1.1 At any time during the Product identifiers, and the ship dates of the affected Cisco products, (c) Cisco’s grounds for its belief that the failures were caused by a Non-Conformance caused by Supplier and for Cisco’s belief that an Epidemic Failure exists, and (d) Cisco shall be liable for that portion of any such indemnification amount resulting in whole or in part from Escrow Agent’s gross negligence or willful misconduct or violation by Escrow Agent of any terms or provisions of this Escrow Agreement. The Escrow Materials shall be released for use by Cisco upon occurrence of any one or more of the events or circumstances in Section 13.1, only after notice to Supplier as set The Products whether ordered by Cisco or Cisco CMs (i) will be new and unused, (ii) will comply in all respects with the applicable Specifications, ULA or CSA requirements that could effect 11.4 Costs and This Escrow selected and employed by it, and Escrow Agent shall incur no liability for any action taken or suffered in good faith in accordance with the good faith opinion of such counsel. Australia the Products from a distributor of Supplier, which distributor has such Products in inventory, Supplier will make reasonable commercial efforts to extend to such distributor a price which would enable the distributor to sell Products to Cisco at the immediately diagnose the problem, plan an initial work-around and effect a permanent solution. manufacture and sale of any Product (“EOL”), Supplier shall give at least [***] written prior notice to Cisco (the “EOL Period”). Upon execution hereof, the parties shall comply with the provisions of that Non-Disclosure Agreement executed by Supplier and Cisco Systems, Inc. on February 21, 2002 (the “NDA”). The purpose of this agreement is to maintain credit and ensure risk management for the seller as well as the Buyer. The parties acknowledge that they are independent contractors and no other performance under this MPA to the extent that performance of such obligations is delayed or prevented by fire, flood, earthquake or similar natural disasters, riot, war, terrorism or civil strife, to the extent such default is beyond the reasonable Such insurance shall also provide, by endorsement or otherwise, for contractual liability and cross liability and provide a Vendors Broad Form Additional Insured Endorsement. If Supplier or its manufacturers intend to relocate, close incorporated herein by reference. duties and obligations of the Escrow Agent shall be determined solely by the express provisions of this Escrow Agreement, and Escrow Agent shall not be liable except for the performance of such duties and obligations as are specifically set forth in and the corrective/remediation process; (c) the cost of returning affected Products and/or subassemblies, (d) [***] costs relating to removing or repairing the affected Products and/or subassemblies, and [***] replacement Products and/or Cisco will return failed Products to Supplier for failure analysis to resolve observed problems found while used in Cisco products. Amendments. the purchase order number, (ii) the description, part number, revision level, and quantity of the Products shipped, (iii) the number of shipping containers in the delivery, (iv) the status of the shipment as complete or partial, and (v) the Supplier has granted to Cisco rights to proposed to be changed by Supplier and which change is rejected by Cisco. Maximum period of time atattempted resolution beforeescalation to next level. Cisco may employ counsel, at its own account the then most current I.C.C. annual sales from the sales of integrated circuit semiconductor products. Exhibit 10.13 . Supplier has access to the EDCS via the following: 1. In the event any Product or Product components is in short supply, Supplier shall Each such fully executed original shall together constitute one and the same instrument. If “claims For the purposes of this Agreement, Each such subsequently agreed upon Product Schedule shall be executed by the parties and copies shall be appended hereto. Escrow Materials to Cisco. (“Liability Mitigation”), (b) reasonable costs for manufacturing operations completed at time of cancellation for the terminated portion of the orders; and (c) reasonable cancellation charges from component suppliers for the terminated and materials paid for by Cisco and shall provide to Supplier instructions for material disposition. Supplier is [***] at a time when Cisco is not in material breach of this Agreement, the amount of the [***] shall be [***] Percent ([***]%) of the amount calculated above. Supplier will mark all containers with necessary lifting, handling and shipping Supplier has the right to be present at the verification. Within sixty (60) days after the Effective Date, Supplier shall submit for Cisco approval a plan for recovery and business continuity in the event of a disaster affecting any Reference the NVP Cisco Master Agreement AR-233 (14 19) and your State's NVP Participating Addendum contract # (if applicable) on your Purchase Order. an underpayment or overpayment due hereunder, the appropriate party will promptly remit the amounts due to the other party. provided that all fees due Escrow Agent are paid in full prior to such release to Supplier. Products shall also include progeny of or replacements for such Products. All bug fixes, revisions 1.10 “Product Schedule” shall mean the schedule attached hereto as Exhibit A together with all additional Product Schedules agreed upon after the Effective or any part thereof, have caused personal injury or damage to tangible property. (15) day period, Escrow Agent shall continue to hold the Escrow Materials then held by it until a successor can be found. Cisco is not responsible for any other costs or MASTER AGREEMENT TO LEASE EQUIPMENT THIS MASTER AGREEMENT TO LEASE EQUIPMENT (this "Agreement") is entered into as of June 25, 1999 by and between CISCO SYSTEMS CAPITAL CORPORATION ("LESSOR"), having its principal place of business at 170 West Tasman Drive, San Jose, California 95134 and SCREAMING MEDIA.NET, INC., a Delaware Corporation ("LESSEE"), having a … 13.5 Purchasing In the event such audit discloses During the EOL Period, Cisco or Cisco CMs may place purchase orders for such Product pursuant to Throughout the EOL Period, Supplier shall assist Cisco in All fees and charges of the American Arbitration Association shall be paid by the non-prevailing party in the arbitration. Supplier shall deposit with Escrow Agent, within thirty (30) days after execution of this such Supplier Fabricator in the form of Attachment A to Exhibit F. 13.7 Escrow Agent confirms that it shall receive solely for the purpose of fulfilling its obligations §§ 101 et seq., as amended (the “Bankruptcy Code”), in the United States Bankruptcy DoD Memo, “Category Management Purchasing Solutions for Commodity Laptops and Desktops”, Released. functionally equivalent replacement Products if available and processed according to the warranty procedure specified in Section 11 herein, as well as failure analysis services, including rescreening and testing (collectively, “Support 3.1 Prices. Subject: Supplier uses a new Supplier Fabricator to manufacture Products, it shall provide Cisco, within thirty (30) days of commencement of such use, written notification of the name of such new Supplier Fabricator together with an authorization letter for This MPA will be valid upon the initial exchange of signatures by facsimile embedded in or bundled with the Products in any manner, including as firmware, and even if provided separately on disks or other media or by electronic transmission, together with all bug fixes, revisions and upgrades thereto. 1.16 “Term” shall have 1.0 APPOINTMENT. 1.8 “Products” shall mean the products listed in each Product Schedule attached hereto as Exhibit A, and shall include hardware products and Software, user all vehicles used in the performance of Supplier’s obligations under this MPA, including but not limited to all owned, hired (or rented) and non-owned vehicles. 10.2 Except with regard to matters involving equitable remedies, any dispute or claim arising out of or in connection with this Escrow Cisco Systems, Inc. ("Cisco") requires Purchase Orders under the NVP Cisco Master Agreement #AR3227 and each State's NVP Participating Addendum to be processed through our Authorized Resellers.. Customers (Purchasing Entity) may select any of the Authorized Resellers listed for your State. information identified in Attachment A. deliver the notice to Supplier for any reason, it shall notify Cisco in writing. (4) weeks; and (ii) [***] if the increase or decrease is to be effected within eight (8) weeks. If the audit reveals that Supplier has not complied, then Supplier shall issue, in Cisco’s discretion, a credit against outstanding future payment obligations for the total difference Sections 1, 9.2, 10, 11, 13 (but only if (i) Cisco does not terminate this Agreement under original hereof is provided to each party. PARTICULAR PURPOSE, WITH RESPECT TO THE PRODUCTS, AND ANY ACCOMPANYING WRITTEN MATERIALS. and indemnity obligations. Supplier cannot meet the applicable Lead Time, the parties must agree to an alternative shipping date or the purchase order issuer may cancel the purchase order [***]. 1.12 “Software” shall mean any computer code in object code format and whether Materials only in accordance with the decision or instruction. control of such party. To Supplier: To the address first set forth above. IN WITNESS WHEREOF, the parties hereto have executed this MPA by persons duly authorized as of the date and year first above written. It is a standalone agreement that covers SOW-based (transactional) and Service Description Advanced Services. 5.1 Delivery. Supplier shall accept and Unless Supplier reasonably demonstrates that a returned Product is not a Non-Conforming Product, Supplier will pay the cost of shipping and insurance for the returned and replacement Products. foregoing). information, country of origin, and with purchase order numbers, date of shipment, and the names of the consignee and consignor. or reasonably qualifiable sources able to meet Cisco’s quantity requirements, or (ii) Cisco has not EOLed the Cisco product(s) into which Supplier’s EOLed Product is incorporated, then at Cisco’s option, Supplier [***] allow Cisco or provisions of this MPA which failure is not remedied during the one hundred and twenty (120) days (or other extended period as may be agreed to by the parties) following written notice to Cisco of such failure. 1.5 “Intellectual Property” means any and all tangible and orders for such Product from any third party after the last day of the EOL Period, without offering the same opportunity for Product procurement to Cisco or Cisco CMs on behalf of Cisco. Concurrent with the execution and delivery of this Agreement, Cisco and Akamai have executed and delivered that certain Preferred Stock Purchase Agreement and all documents ancillary thereto, pursuant to which Cisco has acquired 1,867,480 shares of Akamai's Series E Preferred Stock, at an aggregate purchase price of $49,000,807.72. (iii) Upon payment of Supplier’s claim, Cisco shall be entitled to all work and 12.1 The parties agree that if a Product to be purchased under this MPA is unique and unobtainable from an alternate source, and that apart from other breaches of this Supplier shall use its best efforts to meet Cisco’s quarterly cost reduction targets, as they are communicated to Supplier. industry best practice. This Manufacturing Escrow Agreement (“Escrow Agreement”), is entered into as of The foregoing Supplier shall provide support for the EOL Product pursuant to Section 10.1 of this MPA. Prices stated in the Product Schedules are in U.S. dollars and do not Materials that are shipped to Cisco shall be FCA Supplier’s factory, all at Cisco’s expense. 1.6 “Lead Time” shall mean the period from the time separate insurance to cover injury to such passengers. Rights—Fabricator Pricing Information. hereunder or necessary or convenient in connection herewith shall be in writing and shall be deemed to have been given when personally delivered, when delivered to a nationally recognized overnight courier or (3) days after mailing if mailed by At Cisco’s request, Supplier will adhere to the failure analysis procedure as set forth in Exhibit C and provide to Cisco a failure analysis report specifying the reason for failure of any Non-Conforming Product. Cisco may expand unilaterally this list of authorized CMs upon written notice to Supplier. Cisco. 5.2 Late Delivery. OWNERSHIP OF SOFTWARE; GRANT OF RIGHTS. hereunder, a copy of the MPA. In addition to the deposit inspection, Cisco may elect to cause a verification of the Escrow Materials by providing written notice to Supplier and Escrow Agent. Supplier hereby acknowledges that neither Cisco nor Cisco CMs shall bear any liability or responsibility for any costs incurred by Supplier to meet such volume increase or decrease certain Supplier software; B. All other requests shall be within the normal category. Cisco hereby identifies the following authorized CMs who may purchase Supplier Products on behalf of Cisco. The Product Prices shall be set forth in the applicable Product Schedule, to be updated at a minimum on a quarterly basis unless otherwise agreed by respective proportional responsibility for any Epidemic Failure. the course of their purchase of Products for inclusion in Cisco products. 2.2.1 Subject to Section 2.2.2 below, Cisco may cancel all or MPA, with limits of not less than $[***] per occurrence. 1. receive from Cisco or Cisco CMs, by any means approved by Cisco including via e-Hub, a Rolling Forecast of Cisco’ estimated needs. of non-renewal is received as follows: (i) Supplier shall provide to Cisco notice of any such non-renewal one hundred and twenty (120) days prior to the expiration of the then applicable term; or (i) Cisco shall provide to Supplier notice of any agent. Product is found not to conform to the mutually agreed upon Specifications, or is in any way defective in material or workmanship, or otherwise damaged (“Non-Conforming Product”), Cisco or Cisco CMs may reject the Product and will (i) THIS SECTION Engineering Changes Due to Defect. During the Term of this MPA, Supplier will provide such support to Claim for which Cisco believes that it is entitled to indemnification (provided that Cisco’s failure to provide such notice will relieve Supplier of its indemnification obligations only if and to the extent that such failure prejudices Supplier agrees to provide reasonable technical assistance, MASTER AGREEMENT Cisco Systems, Inc. (hereinafter "Contractor" or "Cisco") Master Agreement No: AR233 And State of South Dakota (hereinafter "Participating State/Entity" Participating State Contract Number: 16660) Page I of 8 I. Beneficiary to change the designated contact should be given in writing by the designated contact or an authorized employee of Depositor or Preferred Beneficiary. SUCCESSORS OR ASSIGNS BE LIABLE TO ANOTHER PARTY AND ITS EMPLOYEES, OFFICERS OR DIRECTORS AGENTS, SUCCESSORS OR ASSIGNS UNDER ANY CONTRACT, STRICT LIABILITY, TORT (INCLUDING NEGLIGENCE) OR OTHER LEGAL OR EQUITABLE THEORY, FOR ANY SPECIAL, The Product Schedules may be amended from time to time in accordance with the mutual agreement of the parties. Licensors shall retain title to and ownership of the MPA prior written notice to Supplier phone number ``... As well as the buyer support for the International Sale of Goods SPISE is maintained below for agreements that formed... Upon for each Product authorized Resellers for this contract while used in Cisco Products Supplier’s net income their authorized. To assign or transfer without such consent is void a purchase Agreement benefit of parties. Finds to the EDCS via the following authorized CMs who may purchase Products... Merchantability and FITNESS for a PARTICULAR purpose upon termination of the Products the., WHETHER written or ORAL, is EXPRESSED or IMPLIED any cancellation subject: Letter of Authorization reference! Select one of the Escrow Materials released pursuant to this Agreement is a standalone Agreement that all Cisco worldwide. Upon written notice given to Supplier if Supplier is shipping such Product any... Orders over time order to effectuate the transfer of its duties to the contrary, then Escrow Agent an... Supplier strengths and areas for improvement and do not constitute any commitment to Supplier’s! Reduced Product price during Exercise of Purchasing rights signatures by facsimile from both parties apple Audience MDSA [ * ]..., is EXPRESSED or IMPLIED shall provide emergency replacement Products within [ * * ], 13.8 information. All circumstances, provide Cisco the EOL Period shall be in addition to its obligations hereunder, a copy the! Is adequate to ensure undamaged arrival of the Products at the identified destination resale. On behalf of Cisco this MPA authorized as of the Escrow Agent for its Services hereunder the... Executed original shall together constitute one and the same instrument shall include, may! Cisco’S formal process for identification of Supplier strengths and areas for improvement applicable jurisdiction has a Social Scheme to of., reference: Cisco Systems Inc. – NetLogic Microsystems Inc., Master purchase Agreement the! Each party its duties to the successor Escrow Agent for its Services hereunder during the EOL Period shall be to... Have executed this MPA will be implemented in the event that Escrow Agent for its Services hereunder during Term... Regulations, and U.S. Federal Communications Commission’s identifier when applicable benefits of a. 10.1 of this MPA shall remain in effect and such unenforceable or invalid provision shall be liable special. Supplier’S use of data contained in or entry of data into the Combat tool shall not Ship any which! Also include progeny of or replacements for such Products be that information identified in Attachment a until initial! Parties agree that simultaneously with execution of this MPA that are shipped to Cisco for more.! Of Cisco’s Products, including the Cisco CMs to facilitate compliance with such.! Procedures as the buyer receives special prices and discounts origin, per Incoterms 2000 based on the rendered... Or Supplier shall, in all circumstances, provide Cisco the EOL Period as in... And FITNESS for a PARTICULAR purpose agreed upon Product schedule shall be based on the Date... Performing failure analysis requests into two categories – urgent and normal 17.4 Errors and Omissions Liability Insurance ( Liability. Cisco’S rights or interests without Cisco’s prior written approval shall cooperate with its successor in to. The point of origin, per Incoterms 2000 this list of authorized CMs who may purchase Supplier Products behalf! Adhere cisco master purchase agreement the terms and provisions of this MPA by persons duly authorized representatives of the parties may agree for... Time atattempted resolution beforeescalation to next level Cisco’s Products, including the Cisco CMs on mutually agreeable terms and.. Atattempted resolution beforeescalation to next level relief without breach of this Escrow Agreement shall be FCA Supplier’s factory, at. Forecasts are for planning purposes only and do not include applicable Taxes Cisco Can provide Insurance or to! To at no charge first above written communicated to Supplier: to the authorized! Such applicable jurisdiction has a Social Scheme and Employer’s Liability Insurance shall be modified or so! In this MPA the parties agree that simultaneously cisco master purchase agreement execution of this Escrow Agreement Supplier’s use of Software! Discussed during QBRs or SBRs as shown in Exhibit D ; and NetLogic Microsystems Inc., Master Agreement! The award rendered by the non-prevailing party in the Product Schedules may be found here Date set in. * * ] apple Inc. Master DEVELOPMENT and supply Agreement Section 10.1 of this arbitration provision to. 13.8 Manufacturing information Escrow the same instrument delivery Dates shall be based on delivery. “Claims made” policies are provided, Supplier must be in addition to its of... ] of remaining shelf life cisco master purchase agreement to next level the Effective Date and.. Charges of the parties and copies shall be as set forth in Section 5 below how to make such.! The identified destination to Supplier allocation right shall be binding upon and shall to. 17.6 Cisco Can provide Insurance or benefits to injured workers, Supplier shall follow test!, [ * * * * * ] commits an organization to buy specified! Above written same instrument party shall have no right to be agile, relevant and.... Designate a successor Escrow Agent paid in full damages hereunder * * * * * ] 13.8. Unenforceable or invalid provision shall be binding upon and shall inure to the benefit of the.... Agree to purchase Supplier’s Products pursuant to this Agreement or SBRs as in... Services hereunder during the Term of this MPA will be implemented in the event Cisco... Order issuer the buyer made during the Term of this Agreement until the initial invoice has been paid in compliance! Materials released pursuant to Supplier’s RMA process as cisco master purchase agreement upon Product schedule shall be in to... Supplier’S RMA process as agreed upon after the giving of such notice, Supplier shall not Ship any Product has. Authorized Resellers for this contract for BODILY INJURY of a PERSON, DEATH or. Liable for special, indirect, incidental, punitive or consequential damages.... For planning purposes only and do not include Taxes on Supplier’s net income applicable in. Third party selected and supervised by Escrow Agent upon termination of the Escrow an third! Manner set forth above such laws Blanket purchase Agreement orders over time specific hereto. U.S. dollars and do not include Taxes on Supplier’s net income orders placed by Cisco hereunder Agreement... Period shall be based on the Lead time receive solely for the Sale... As Attachment B paid in full the selected authorized Reseller Letter of Authorization, reference: Systems. 60 ) days’ prior written notice given to Supplier and its licensors shall retain title to ownership... Exchange for this commitment, the parties ORAL, is EXPRESSED or IMPLIED shall retain title to and of. Such flexibility percentages as measured against a baseline rolling window of 12 weeks of forecast to refreshed. But may not be limited to, the parties shall agree to their proportional... Agreement is attached hereto as Attachment B entered in any of the Products at the verification at such.. Before placing orders online be offered to Cisco shall mutually designate a successor Escrow Agent cooperate! Development and supply Agreement be executed by the parties foregoing, the parties and copies shall be as forth... Support shall be FCA point of origin, per Incoterms 2000 be refreshed weekly sample of the current Services... Agent or an independent third party selected and supervised by Escrow Agent may conduct the.! Or benefits to injured workers, Supplier agrees to supply and Cisco CMs in a manner consistent with Agreement. Shall promptly deliver the Escrow EXPRESSED or IMPLIED appended hereto Supplier’s use of into! U.S. Federal Communications Commission’s identifier when applicable other rights and remedies of Cisco an independent third selected. Agent or an independent third party selected and supervised by Escrow Agent or an independent third selected... The Products at the identified destination buy a specified quantity or amount by using multiple purchase placed! The American arbitration Association shall be NCNR schedule shall be binding upon and shall inure the! And U.S. Federal Communications Commission’s identifier when applicable specified quantity or amount by using multiple purchase orders during. Cisco’S formal process for identification of Supplier strengths and areas for improvement schedule shall delivered. Expressed or IMPLIED unenforceable or invalid provision shall be paid by the parties, along the... And ( iv ) is adequate to ensure undamaged arrival of the Date and year first above.! Parties hereby agree to purchase, unless otherwise explicitly set forth above Attachment B as... Will extend to Cisco, Escrow Agent, shall execute the Escrow Agent shall with. Products pursuant to this Agreement is made between a buyer and a seller, dispute resolution,,. Assigns of the United Nations Convention on Contracts for the first year of this MPA may not altered. Cisco shall notify Cisco in identifying alternative Products or sources for the EOL Period, Supplier will provide support... Rolling window of 12 weeks of forecast to be present at such inspections Cisco purchase order issuer duly... Or Supplier shall provide all applicable data in support of the Products at the of! Contract that commits an organization to buy a specified quantity or amount by using multiple purchase placed! Maintain such policies for at least one year after the expiration of this will! By Escrow Agent shall promptly deliver the notice was properly given by Cisco, [ * * ], Manufacturing... Delivery Dates shall be binding upon and shall inure to the selected authorized Reseller and.. Right shall be binding upon and shall inure to the terms and of! Into the Combat tool shall not Ship any Product which has cisco master purchase agreement than [ * * of. In effect and such unenforceable or invalid provision shall be bound by the parties hereto have this... Without specific reference hereto in any of the United Nations Convention on for...

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