Common use of Boundary Conditions and Obligations Clause in Contracts

Boundary Conditions and Obligations. (i) In its Response to Forecast, Micron may only reject: (1) a Qualified Probed Wafer Demand Forecast to the extent the Qualified Probed Wafer Demand Forecast specifies for any given [***] wafer quantities for any specific Design ID of [***] than [***] Qualified Probed Wafers; (2) a Qualified Probed Wafer Demand Forecast to the extent the Qualified Probed Wafer Demand Forecast specifies [***] than [***] Qualified Probed Wafers in any [***] in aggregate for all Design IDs or [***] than [***] Qualified Probed Wafers in any [***] during the first [***] Fiscal Months of the Ramp Period; (3) a Qualified Probed Wafer Demand Forecast to the extent that it specifies Qualified Probed Wafers that are not based on a Design ID approved by the JDP Committee; (4) a Qualified Probed Wafer Demand Forecast to the extent that it specifies for any given [***] Qualified Probed Wafers under this Agreement than under the [***] Supply Agreement or the Wafer Supply Agreement; and (5) a Qualified Probed Wafer Demand Forecast to the extent that it would result in Intel receiving [***] than [***] of the Singapore Fab’s [***] with respect to [***] Products, after taking into account all supply arrangements to which Intel or any of its affiliates is a party in aggregate, unless otherwise previously agreed to by the Parties. (ii) In its Response to Forecast, Micron commits to support Intel’s Qualified Probed Wafer Demand Forecast for [***] Qualified Probed Wafers [***] of the Singapore Fab’s [***] with respect to [***] Products, after taking into account all supply arrangements to which Intel or any of its affiliates is a party in aggregate, as long as Intel’s Qualified Probed Wafer Demand Forecast complies with the boundary conditions above. NAI-1500577587v1 (c) Response to Demand Forecast. Within a commercially reasonable period of time (or within a time period mutually agreed by the Parties from time-to-time) following Micron’s actual, direct receipt of each Qualified Probed Wafer Demand Forecast, Micron shall furnish Intel with a written response indicating what portion of the Qualified Probed Wafer Demand Forecast that Micron will commit to supply (the “Response to Forecast”). In each Response to Forecast, but subject to Section 3.1(b)(i), Micron will commit to supply quantities sufficient to satisfy the Qualified Probed Wafer Commitment. If Micron furnishes Intel with a Response to Forecast that commits to supply quantities greater than the Qualified Probed Wafer Commitment in the Ramp Period or an Order Year, but no greater than the applicable Demand Forecast, then the Qualified Probed Wafer Commitment in the Ramp Period or that Order Year shall be deemed to be the greater amounts indicated in the Response to Forecast.

Boundary Conditions and Obligations. (i) In its Response to Forecast, Micron may only reject: (1) . a Qualified Probed Wafer Demand Forecast to the extent the Qualified Probed Wafer Demand Forecast specifies for any given [***] wafer quantities for any specific Design ID of [***] than [***] Qualified Probed Wafers; (2) a Qualified Wafers or, together with all [***] Run at Risk Probed Wafer Wafers Demand Forecast to the extent the Qualified Forecasts and [***] Run at Risk Probed Wafer Wafers Demand Forecast specifies Forecasts, [***] than [***] Qualified Probed Wafers in aggregate for all Design IDs in any given [***]; 2. a [***] Run at Risk Probed Wafer Demand Forecast or [***] Run at Risk Probed Wafer Demand Forecast to the extent such Demand Forecast, together with all other Qualified Probed Wafer Demand Forecasts, specifies for any [***] in aggregate for all Design IDs or wafer quantities of [***] than [***] Qualified Run at Risk Probed Wafers in any [***] during the first [***] Fiscal Months of the Ramp Periodaggregate for all Design IDs; (3) . a Qualified Probed Wafer Demand Forecast to the extent that it specifies Qualified Probed Wafers that are not based on a Design ID approved by the JDP Committee; (4) . a Qualified Probed Wafer Demand Forecast to the extent that it specifies for any given [***] Qualified Probed Wafers under this Agreement than under the Amended and Restated [***] Supplemental Wafer Supply Agreement or the Amended and Restated Wafer Supply AgreementAgreement No. 3; andor (5) . a Qualified Probed Wafer Demand Forecast to the extent that it would result in Intel receiving [***] than [***] of the Singapore Fab’s [***] with respect to [***] Products, after taking into account all supply arrangements to which Intel or any of its affiliates is a party in aggregate, unless otherwise previously agreed to by the Parties. (ii) In its Response to Forecast, Micron commits to support Intel’s Qualified Probed Wafer Demand Forecast for [***] Qualified Probed Wafers Wafers, [***] of the Singapore Fab’s [***] with respect to [***] Products, after taking into account all supply arrangements to which Intel or any of its affiliates is a party in aggregate, as long as Intel’s Qualified Probed Wafer Demand Forecast complies with the boundary conditions above. NAI-1500577587v1 (c) Response to Demand Forecast. Within a commercially reasonable period of time (or within a time period mutually agreed by the Parties from time-to-time) following Micron’s actual, direct receipt of each Qualified Probed Wafer Demand Forecast, Micron shall furnish Intel with a written response indicating what portion of the Qualified Probed Wafer Demand Forecast that Micron will commit to supply (the “Response to Forecast”). In each Response to Forecast, but subject to Section 3.1(b)(i), Micron will commit to supply quantities sufficient to satisfy the Qualified Probed Wafer Commitment. If Micron furnishes Intel with a Response to Forecast that commits to supply quantities greater than the Qualified Probed Wafer Commitment in the Ramp Period or an Order Year, but no greater than the applicable Demand Forecast, then the Qualified Probed Wafer Commitment in the Ramp Period or that Order Year shall be deemed to be the greater amounts indicated in the Response to Forecast.

Boundary Conditions and Obligations. (i) In its Response to Forecast, Micron may only reject: (1) a Qualified Probed Wafer Demand Forecast to the extent the Qualified Probed Wafer Demand Forecast specifies for any given [***] wafer quantities for any specific Design ID of [***] than [***] Qualified Probed Wafers; (2) a Qualified Probed Wafer Demand Forecast to the extent the Qualified Probed Wafer Demand Forecast specifies [***] than [***] Qualified Probed Wafers in any [***] in aggregate for all Design IDs or [***] than [***] Qualified Probed Wafers in any [***] during the first [***] Fiscal Months of the Ramp Period; (3) a Qualified Probed Wafer Demand Forecast to the extent that it specifies Qualified Probed Wafers that are not based on a Design ID approved by the JDP Committee; (4) a Qualified Probed Wafer Demand Forecast to the extent that it specifies for any given [***] Qualified Probed Wafers under this Agreement than under the [***] Supply Agreement or the Amended and Restated Wafer Supply AgreementAgreement No. 3; and (5) a Qualified Probed Wafer Demand Forecast to the extent that it would result in Intel receiving [***] than [***] of the Singapore Fab’s [***] with respect to [***] Products, after taking into account all supply arrangements to which Intel or any of its affiliates is a party in aggregate, unless otherwise previously agreed to by the Parties. (ii) In its Response to Forecast, Micron commits to support Intel’s Qualified Probed Wafer Demand Forecast for [***] Qualified Probed Wafers [***] of the Singapore Fab’s [***] with respect to [***] Products, after taking into account all supply arrangements to which Intel or any of its affiliates is a party in aggregate, as long as Intel’s Qualified Probed Wafer Demand Forecast complies with the boundary conditions above. NAI-1500577587v1 (c) Response to Demand Forecast. Within a commercially reasonable period of time (or within a time period mutually agreed by the Parties from time-to-time) following Micron’s actual, direct receipt of each Qualified Probed Wafer Demand Forecast, Micron shall furnish Intel with a written response indicating what portion of the Qualified Probed Wafer Demand Forecast that Micron will commit to supply (the “Response to Forecast”). In each Response to Forecast, but subject to Section 3.1(b)(i), Micron will commit to supply quantities sufficient to satisfy the Qualified Probed Wafer Commitment. If Micron furnishes Intel with a Response to Forecast that commits to supply quantities greater than the Qualified Probed Wafer Commitment in the Ramp Period or an Order Year, but no greater than the applicable Demand Forecast, then the Qualified Probed Wafer Commitment in the Ramp Period or that Order Year shall be deemed to be the greater amounts indicated in the Response to Forecast.

Boundary Conditions and Obligations. (i) In its Response to Forecast, Micron may only reject: (1) . a Qualified Probed Wafer Demand Forecast to the extent the Qualified Probed Wafer Demand Forecast specifies for any given [***] wafer quantities for any specific Design ID of [***] than [***] Qualified Probed Wafers; (2) a Qualified Wafers or, together with all [***] Run at Risk Probed Wafer Wafers Demand Forecast to the extent the Qualified Forecasts and [***] Run at Risk Probed Wafer Wafers Demand Forecast specifies Forecasts, [***] than [***] Qualified Probed Wafers in aggregate for all Design IDs in any given [***]; 2. a [***] Run at Risk Probed Wafer Demand Forecast or [***] Run at Risk Probed Wafer Demand Forecast to the extent such Demand Forecast, together with all other Qualified Probed Wafer Demand Forecasts, specifies for any [***] in aggregate for all Design IDs or wafer quantities of [***] than [***] Qualified Run at Risk Probed Wafers in any [***] during the first [***] Fiscal Months of the Ramp Periodaggregate for all Design IDs; (3) . a Qualified Probed Wafer Demand Forecast to the extent that it specifies Qualified Probed Wafers that are not based on a Design ID approved by the JDP Committee; (4) . a Qualified Probed Wafer Demand Forecast to the extent that it specifies for any given [***] Qualified Probed Wafers under this Agreement than under the [***] Supplemental Supply Agreement or the Wafer Supply Agreement; andor (5) . a Qualified Probed Wafer Demand Forecast to the extent that it would result in Intel receiving [***] than [***] of the Singapore Fab’s [***] with respect to [***] Products, after taking into account all supply arrangements to which Intel or any of its affiliates is a party in aggregate, unless otherwise previously agreed to by the Parties. (ii) In its Response to Forecast, Micron commits to support Intel’s Qualified Probed Wafer Demand Forecast for [***] Qualified Probed Wafers Wafers, [***] of the Singapore Fab’s [***] with respect to [***] Products, after taking into account all supply arrangements to which Intel or any of its affiliates is a party in aggregate, as long as Intel’s Qualified Probed Wafer Demand Forecast complies with the boundary conditions above. NAI-1500577587v1 (c) Response to Demand Forecast. Within a commercially reasonable period of time (or within a time period mutually agreed by the Parties from time-to-time) following Micron’s actual, direct receipt of each Qualified Probed Wafer Demand Forecast, Micron shall furnish Intel with a written response indicating what portion of the Qualified Probed Wafer Demand Forecast that Micron will commit to supply (the “Response to Forecast”). In each Response to Forecast, but subject to Section 3.1(b)(i3.1(b), Micron will commit to supply quantities sufficient to satisfy the [***] Pre-Qualified Probed Wafer Commitment, [***] Pre-Qualified Probed Wafer Commitment, [***] Base Run at Risk Probed Wafer Commitment, [***] Base Run at Risk Probed Wafer Commitment and Qualified Probed Wafer Commitment, as applicable. If Micron furnishes Intel with a Response to Forecast that commits to supply quantities greater than the [***] Pre-Qualified Probed Wafer Commitment, [***] Pre-Qualified Probed Wafer Commitment, [***] Base Run at Risk Probed Wafer Commitment, [***] Base Run at Risk Probed Wafer Commitment or Qualified Probed Wafer Commitment, as applicable, in the Ramp Period or an Order Year, but no greater than the applicable Demand Forecast, then the [***] Pre-Qualified Probed Wafer Commitment, [***] Pre-Qualified Probed Wafer Commitment, [***] Base Run at Risk Probed Wafer Commitment, [***] Base Run at Risk Probed Wafer Commitment and Qualified Probed Wafer Commitment, as applicable, in the Ramp Period or that Order Year shall be deemed to be the those greater amounts indicated in the Response to Forecast.