Common use of Cancellations and Modifications Clause in Contracts

Cancellations and Modifications. Unless wafer processing has started, or Seller has incurred engineering or tooling charges, Buyer may cancel or modify a purchase order without penalty by delivering to Seller a written notice of cancellation or modification within three (3) days of Seller’s receipt of the original purchase order involved; provided however that no such cancellation will relieve Buyer of any obligations under any other applicable provisions or agreements including without limitation any obligation to comply with loading commitments, Buyer Forecasts (to the extent accepted) and/or purchase orders. Until wafer processing has started, Buyer may request changes to the product mix within any particular Technology, and Seller shall exert its best efforts to meet such requests. Buyer may at any time request that the scheduled wafer out date for any wafer(s) be accelerated or delayed, and such requests shall be considered on a case by case basis, with the understanding that Seller shall make reasonable efforts to accommodate such requests, but shall not be obligated to do so.