Changes to the Specification. Immersion is entitled to request modifications in the form of changes or additions to the Specifications at anytime time during the term of this Agreement. Such requests shall be submitted by Immersion to KLSI in writing. If any such modification of the Specifications materially increases or decreases the cost or time of performance of the Services, the parties will negotiate an equitable adjustment to this Agreement. Upon receipt of Immersion's written approval, KLSI will proceed with the implementation of the prescribed changes and the Specifications and other exhibits to the Agreement shall be modified in writing accordingly to reflect such agreed upon changes and signed by both parties.
Changes to the Specification. Each party is entitled to request ---------------------------- modifications in the form of changes or additions to the Specifications at any time during the term of this Agreement. Such requests shall be submitted in writing, and shall not be deemed or considered binding unless accepted by the other party in writing. If any such modification of the Specifications is agreed, the parties will negotiate an equitable adjustment to the Agreement, including the apportionment of any additional development, testing or tooling costs. Upon mutual agreement to any change to the Specifications, both parties will proceed with the implementation of the prescribed changes, and the Specifications and other Exhibits to the Agreement shall be modified accordingly to reflect such agreed upon changes.
Changes to the Specification. Each party is entitled to request ---------------------------- modifications in the form of changes or additions to the Specifications at any time during the term of this Agreement. Such requests shall be submitted in writing, and shall not be deemed or considered binding unless accepted by the other party in writing. If any such modification of the Specifications is agreed, the parties will negotiate an equitable adjustment to the Agreement, including the apportionment of any additional development, testing or tooling costs. Upon mutual agreement to any change to the Specifications, both parties will proceed with the implementation of the prescribed changes, and the Specifications and other Exhibits to the Agreement shall be modified accordingly to reflect such agreed upon changes. Notwithstanding the foregoing, if the JetFax requested changes to the Specifications involve any change to the Printer Mechanism, the design responsibility for which is with third parties under contract with Xerox, Xerox shall use reasonable efforts to effect such Specification change provided that the same does not increase the cost of such Printer Mechanism or component thereof, or adversely and materially affect the Project Schedule or function of the Printer Mechanism, the Product or components thereof. In such event JetFax shall be responsible for the payment of all nonrecurring expenses involved in such change (or such pro rata portion thereof, in the further event Xerox elects to incorporate the same in its version of the Product). Notwithstanding the foregoing, JetFax shall not be responsible for any such nonrecurring expenses if JetFax requested changes are necessary for the Product to achieve Product Acceptance or to meet the Specification as changed at the request of Xerox. In the event such third party will not agree to such Specification change, Xerox shall so notify JetFax and Xerox shall have no other or further liability to JetFax as a result of such request.
Changes to the Specification. 9.2.1 If the Access Beneficiary wishes to request a change in the Specification (an “Access Beneficiary Request”), it shall promptly notify DB Cargo in writing, setting out its requirements in a level of detail which reasonably allows DB Cargo to assess the impact on the Service Facility Operating Constraints and any other relevant matters affecting the provision of Facility Services at the relevant Service Facility.
9.2.2 On receipt of the Access Beneficiary Request pursuant to Clause 9.2.1, DB Cargo shall use reasonable endeavours to accommodate the relevant Access Beneficiary Request. No later than ten (10) Working Days following receipt of the Access Beneficiary’s Request, DB Cargo shall confirm if it is able to accommodate the relevant Access Beneficiary Request, in which case the parties shall take all necessary steps to amend the relevant terms of this Contract in accordance with Clause 18.2; or that it is unable to accommodate the relevant Access Beneficiary Request, in which case the Access Beneficiary shall have the right to refer the matter to the procedures contained in Clause 18.9.
Changes to the Specification. The Specification forms part of the Contract and all Contract Deliverables to be supplied by the Contractor under the Contract shall conform in all respects with the Specification.
Changes to the Specification. In the event that Millennium notifies Solvay of requested changes to the Specification, Solvay shall acknowledge receipt of such notice within a reasonable time, but in any event no later than [**], and Solvay will indicate the effect of such requested changes on Production Capacity and shall [**], as the case may be. After Millennium receives Solvay's response, if Millennium so requests, the Parties shall negotiate in good faith on such requested change to the Specification, which shall be subject to the mutual written agreement of both Parties, such agreement not to be unreasonably withheld or delayed.
Changes to the Specification. In the event that COR notifies Solvay of requested changes to the Specification, Solvay shall acknowledge receipt of such notice within a reasonable time, but in any event no later than [*]. The Specification shall not be changed without the agreement of both Parties. To the extent that changes to the Specification accomplish a change in Production Capacity, Solvay shall so notify COR, and any increases in Production Capacity created in this fashion shall not require any additional payment by COR under Article 2.
Changes to the Specification. 9.1 Any Specification, drawings or equipment supplied by the Company to the Supplier, or produced by the Supplier specifically for the Company in connection with the Agreement shall be the deemed to be Company Materials for the purposes of this Agreement. The Supplier shall not disclose to any third party any such Specification except as required for the purpose of the Agreement and shall return such Specification, drawings or equipment to the Company upon satisfactory completion of the Agreement.
9.2 The Company may at any time make changes in writing to the Order including changes in the drawings or Specifications, method of shipment, quantities, packing or time or place of delivery. If such changes result in an increased cost to the Supplier the parties shall, acting reasonably and in good faith, seek to agree an equitable adjustment to the price or delivery schedule or both. Any change to the Order by the Supplier must be approved by the Company in writing before the Supplier proceeds with such changes.
Changes to the Specification. The Specification in Schedule 1 hereto maybe varied from time to time. Any such variation must be such as to comply with the Product License, and agreed in writing by the quality assurance managers of each party hereto (or their appointed deputy).
Changes to the Specification. 4.1 No major changes or modifications can be made by ST to the Specifications or the Wafers without the prior written authorization of Customer. Major changes and modifications by ST are defined as any product or process modification that affects product form, fit, function or reliability.
4.2 Should ST decide to port Manufacturing Process to another ST facility, ST will notify Customer through a Process Change Notice (“PCN”). Customer may either accept or reject such PCN by providing notice in writing to ST. If ST receives no written response within thirty-five days after sending the PCN, Customer will be deemed to have accepted such PCN. If required, the cost of new masks and qualification lots associated with the change shall be borne by ST. Alien shall bear its own costs of testing qualification wafers.
4.3 ST will supply Wafers so long as demand exists for the Class 1 IC, ST maintains the technical capability of manufacturing such Wafers, and the Class 1 IC is not replaced by a more competitive one. Should ST decide to discontinue the manufacturing of Wafers, ST will notify Customer through a Product Termination Notification (“PTN”). Thirty (30) days after this notification, the following rules will apply: (a) all Contracts of Sale already in backlog at the date of the notification will be fulfilled; and (b) ST will accept one or several purchase orders during the subsequent twelve (12) months, delivery to be made within a maximum period of six (6) months after the end of this twelve (12) month period. *** Confidential treatment requested pursuant to a request for confidential treatment filed with the Securities and Exchange Commission. Omitted portions have been filed separately with the Commission.
