Equipment Buy-Back Sample Clauses

Equipment Buy-Back. Paragraph 3(c) of the Letter Agreement is hereby deleted in its entirety and replaced with the following:

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Equipment Buy-Back. In the event that no agreement is reached under paragraph 6(a), then Digene shall have the option, exercisable at any time on or after the date of this Amendment No. 3, to buy back from Roche equipment purchased by Roche from Digene that is then owned by Roche and was in use for HPV testing in customers’ laboratories on June 30, 2002 at such equipments’ December 31, 2002 depreciated value, based on a straight-line, four-year depreciation schedule. If such equipment is not purchased by Digene as described above and if Roche has met all of its obligations under this Agreement (which obligations do not include a requirement that any agreement be reached under paragraph 6(a)), then Digene shall extend the wind-down period under paragraph 3(b) by an additional twenty-four months beginning January 1, 2003 and ending December 31, 2004.”

Equipment Buy-Back. In the event that no agreement is reached under paragraph 6(a), then, within 30 days after December 31, 2002, Digene shall have the option to buy back from Roche equipment purchased by Roche from Digene that is then owned by Roche and was in use for HPV testing in customers’ laboratories on June 30, 2002 at [*********************************** THIS EXHIBIT HAS BEEN REDACTED AND IS THE A SUBJECT OF A CONFIDENTIAL TREATMENT REQUEST. REDACTED MATERIAL IS MARKED WITH “*” AND BRACKETS AND HAS BEEN FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION. Hxxxxxxx Xxxxxxxxx, Ph.D. October 24, 2001 Page 2 **************************************************************]. If such equipment is not purchased by Digene as described above and if Roche has met all of its obligations under this Agreement (which obligations do not include a requirement that any agreement be reached under paragraph 6(a)), then Digene shall extend the wind-down period under paragraph 3(b) by an additional twenty-four months beginning January 1, 2003 and ending December 31, 2004.”

Equipment Buy-Back. Should the company in exceptional circumstances agree to buy back equipment purchased by the customer this would be at a maximum of 20% of the initial cost of the equipment, dependent upon model, age and condition of the equipment. This takes into account the cost of the sale, which includes the cost of the exhibition or venue where the product was purchased, the agents time and commission, administrative and delivery costs. The company would then have the option to resell the equipment at a substantially reduced amount to recover the buy back cost.

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