Availability Date

Availability Date. Has the meaning given in Clause 5.2.2;

Availability Date. Shall mean the date on which all of ----------------- the following have occurred: (a) final FDA approval of the R2 Product for commercial use has been obtained the R2 Product meets the mutually agreed Specifications and (c) the R2 Product is commercially available to GEMS for sale by GEMS to its customers with the GEMS Product. For purposes of this Section, it is understood and agreed that such final FDA approval of the R2 Product and commercial availability of the R2... Product to GEMS shall not be affected by when, or whether or not, GEMS obtains FDA approval of a particular GEMS Product configured for use with the R2 Product. View More

Availability Date. Means the date on which the Capacity is available for service in accordance with the ITU recommendations specified in the Capacity Purchase Agreement.