Common use of Availability Assurance and After-Sales Clause in Contracts

Availability Assurance and After-Sales. Unless expressly excluded, all provisions contained within this Contract shall apply to the supply of after-sale Items, and: (i) Supplier agrees to maintain capabilities necessary to provide technical and service support to Tesla and/or its designated third party as to any Items for a minimum of twelve (12) years from the date of final shipment of Items to Tesla; (ii) Tesla shall pay the Contract Price for the Items in accordance with Section 4. (iii) If, during the period detailed in Section 20(e)(i) above, Tesla does not order one particular Item in a rolling 12 month period then the Supplier will be entitled to request Tesla’ written permission to cease supply of such Item. The Supplier shall not be entitled to cease supply of such Item until it has provided Tesla with written notice of not less than 2 months of its intent to cease supply of such Items and obtained Tesla’ permission. (iv) In the event that Tesla provides its consent in accordance with Section 20(e)(iii) above, Tesla may notify the Supplier that it wishes to make an “last time buy” at prices not higher than the Contract Prices plus actual cost differentials for packaging and manufacturing. The Supplier will be obliged to fulfill the “last time buy” upon the terms of this Agreement.

Availability Assurance and After-Sales. Unless expressly excluded, all provisions contained within this Contract Agreement shall apply to the supply of after-sale Items, and: (i) Supplier agrees to maintain capabilities necessary to provide technical and service support to Tesla and/or its designated third party as to any Items for a minimum of twelve (12) years from the date of final shipment of Items to Tesla; (ii) Tesla shall pay the Contract Price for the Items in accordance with Section 4After sales pricing to be agreed and attached as an addendum to this Agreement at a later date. (iii) If, during the period detailed in Section 20(e)(i20 (e)(i) above, Tesla does not order one particular Item in a rolling 12 month period then the Supplier will be entitled to request Tesla’ written permission to cease supply of such Itemitem. The Supplier shall not be entitled to cease supply of such Item until it has provided Tesla with written notice of not less than 2 months of its intent to cease supply of such Items and obtained Tesla’ permission. (iv) In the event that Tesla provides its consent in accordance with Section 20(e)(iii20 (e)(iii) above, Tesla may notify the Supplier that it wishes to make an a “last time buy” at prices not higher than the Contract Prices plus actual cost differentials for packaging and manufacturingPrices. The Supplier will be obliged to fulfill the “last time buy” upon the terms of this Agreement. [***] Information has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions.

Availability Assurance and After-Sales. Unless expressly excluded, all provisions contained within this Contract Agreement shall apply to the supply of after-sale Items, and: (i) Supplier agrees to maintain capabilities necessary to provide technical and service support to Tesla and/or its designated third party as to any Items for a minimum of twelve (12) years from the date of final shipment of Items to Tesla; (ii) Tesla shall pay the Contract Price for the Items in accordance with Section 4. (iii) If, during the period detailed in Section 20(e)(i20 (e)(i) above, Tesla does not order one particular Item in a rolling 12 month period then the Supplier will be entitled to request Tesla’ written permission to cease supply of such Item. The Supplier shall not be entitled to cease supply of such Item until it has provided Tesla with written notice of not less than 2 months of its intent to cease supply of such Items and obtained Tesla’ permission. (iv) In the event that Tesla provides its consent in accordance with Section 20(e)(iii20 (e)(iii) above, Tesla may notify the Supplier that it wishes to make an a “last time buy” at prices not higher than the Contract Prices plus actual cost differentials for packaging and manufacturingPrices. The Supplier will be obliged to fulfill the “last time buy” upon the terms of this Agreement.

Availability Assurance and After-Sales. Unless expressly excluded, all provisions contained within this Contract Agreement shall apply to the supply of after-sale Items, and: (i) Supplier agrees to maintain capabilities necessary to provide technical and service support to Tesla and/or its designated third party as to any Items for a minimum of twelve (12) years from the date of final shipment of Items to Tesla; (ii) Tesla shall pay the Contract Price for the Items in accordance with Section 4. (iii) If, during the period detailed in Section 20(e)(i) above, Tesla does not order one particular Item in a rolling 12 month period then the Supplier will be entitled to request Tesla’ written permission to cease supply of such Item. The Supplier shall not be entitled to cease supply of such Item until it has provided Tesla with written notice of not less than 2 months of its intent to cease supply of such Items and obtained Tesla’ permission. (iv) In the event that Tesla provides its consent in accordance with Section 20(e)(iii) above, Tesla may notify the Supplier that it wishes to make an a “last time buy” at prices not higher than the Contract Prices plus actual cost differentials for packaging and manufacturingPrices. The Supplier will be obliged to fulfill the “last time buy” upon the terms of this Agreement. [***] Information has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions.