Common use of Adjustment to Test Fee Schedule Clause in Contracts

Adjustment to Test Fee Schedule. Illumina shall have the right to adjust the Test Fee Schedule […***…] on a market segment (including geographic or product segment) basis to reflect such market changes, upon written notice to and consent of Sequenom. Upon receipt of such notice […***…], Sequenom shall consider in good faith whether or not to consent, such consent not to be unreasonably withheld, delayed or conditioned. As promptly as practicable, […***…], Sequenom shall notify Illumina of its decision to consent or to withhold consent and its reasons therefor. If Sequenom has not responded in writing within the specified time, then it shall be deemed to have consented and Illumina may proceed with such reduced Test Fee structure for that market segment. In the event of a dispute between the Parties regarding adjustment of amounts in this clause (1), the procedures set forth on Schedule 2 shall govern the resolution of such Dispute.

Adjustment to Test Fee Schedule. Illumina shall have the right to adjust the Test Fee Schedule […***…] on a market segment (including geographic or product segment) basis to reflect such market changes, upon written notice to and consent of Sequenom. Upon receipt of such notice […***…], Sequenom shall consider in good faith whether or not to consent, such consent not to be unreasonably withheld, delayed or conditioned. As promptly as practicable, […***…], Sequenom shall notify Illumina of its decision to consent or to withhold consent and its reasons therefor. If Sequenom has not responded in writing within the specified time, then it shall be deemed to have consented and Illumina may proceed with such reduced Test Fee structure for that market segment. In the event of a dispute between the Parties regarding adjustment of amounts in this clause (1), the procedures set forth on Schedule 2 shall govern the resolution of such Dispute.. ***Confidential Treatment Requested