Capacity Sharing Arrangement. 18 SECTION 7.05 Creation of Management Committee......................................................20 SECTION 7.06 Creation of DSC NAND Steering Committee...............................................23 SECTION 7.07 Personnel.............................................................................23 SECTION 7.08 Non-solicitation of Employees.........................................................24 TABLE OF CONTENTS (CONTINUED)
Capacity Sharing Arrangement. (a) Each of the Parties will have the right and obligation, through FVC-Japan, to utilize 50% of the FVC-Japan Equipment's manufacturing capacity based on a measure of equivalent wafer starts per day with the equivalency being weighed based on the process complexity factors (as calculated by a formula to be mutually determined by the Parties) of the NAND Flash Memory Products being produced for such Parties. Where the Parties purchase the same output volume (up to and including 50% of the Yokkaichi Target Capacity (as hereinafter defined)) for equivalent NAND Flash Memory Products supplied by FVC-Japan, the Parties will pay the same purchase price per die or packaged unit. If a Party is unable to utilize 50% of FVC-Japan's manufacturing capacity for NAND Flash Memory Products, such Party may contract with FVC-Japan to utilize its surplus capacity to manufacture such Party's proprietary products, including but not limited to controllers or Flash Memory products that are not NAND Flash Memory Products, provided, that such Party installs the necessary process technology and bears all incremental costs (measured as incremental costs above the Yokkaichi Master Agreement [***] INDICATES THAT CERTAIN INFORMATION ON THIS PAGE HAS BEEN OMITTED AND FILED SEPARATELY WITH THE COMMISSION PURSUANT TO RULE 24B-2. CONFIDENTIAL TREATMENT HAS BEEN REQUESTED WITH RESPECT TO THE OMITTED PORTIONS. Manufacturing Costs (as hereinafter defined) at the then-current maximum capacity of the FVC-Japan Equipment) associated with the adverse impact on the manufacture of NAND Flash Memory Products. If either Party is unable to use its allocated capacity, the Parties may negotiate the terms of a transfer of such capacity shortfall to the Party not experiencing such shortfall. To the extent that a Party is not able to utilize excess capacity or transfer such capacity to the other Party, the Party experiencing such shortfall will pay the incremental cost increase to the Party not experiencing a shortfall (or pay to FVC-Japan an under-utilization fee in accordance with a formula to be mutually determined by the Parties).
Capacity Sharing Arrangement. (a) Equal right to capacity. Subject to Section 6.5(c), each of the Parties will have the right and obligation, through Flash Alliance, to utilize 50% of the wafers produced at the Y4 Facility based on a measure of equivalent lots out per week * Indicates that certain information contained herein has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions. EXHIBIT 10.1 FOIA Confidential Treatment Requested Execution Version with the equivalency being weighed based on the process complexity factors (as calculated by a formula to be mutually determined by the Parties) of the Y4 NAND Flash Memory Products.
Capacity Sharing Arrangement. (a) Equal right to Joint Venture capacity. Each of the Parties will have the right and obligation, through Flash Forward, to utilize fifty percent (50%) of the JV Space products, on an Equivalent Lot basis. The actual monthly NAND Flash Memory Product lot output from the Y5 Facility shall be allocated between Toshiba and SanDisk, as applicable, based on the Y5 NAND Capacity Ratio.
Capacity Sharing Arrangement. (a) Equal right to capacity. Subject to Section 6.3(c), each of the Parties will have the right and obligation, through Flash Partners, to utilize 50% of the wafers produced [***] INDICATES THAT CERTAIN INFORMATION ON THIS PAGE HAS BEEN OMITTED AND FILED SEPARATELY WITH THE COMMISSION PURSUANT TO RULE 24B-2. CONFIDENTIAL TREATMENT HAS BEEN REQUESTED WITH RESPECT TO THE OMITTED PORTIONS. at the Y3 Facility based on a measure of equivalent lots out per week with the equivalency being weighed based on the process complexity factors (as calculated by a formula to be mutually determined by the Parties) of the Y3 NAND Flash Memory Products.
Capacity Sharing Arrangement
