Common use of Dispute Escalation Clause in Contracts

Dispute Escalation. (a) If either Party believes that the other Party is failing to perform its obligations under a Project, its Project Manager will provide written notice (the “Dispute Notice”) to the Project Manager of the other Party of the perceived failure. Upon receipt of such notice, the Project Managers will promptly discuss the possibility of a mutually agreed corrective action plan to address the perceived failure. (b) If the Project Managers cannot agree upon a corrective action plan in writing within [***]of receipt of the Dispute Notice, or such other period as may be mutually agreed by the Project Managers, each Project Manager will escalate the issue to his or her respective NVM Program Manager (if the NVM Program Manager is a different person from the Project Manager). Upon escalation of an issue to the NVM Program Managers, they will in turn promptly discuss the possibility of a mutually agreed corrective action plan. (c) If a corrective action plan has not been agreed upon in writing within [***] of a Dispute Notice or any such plan does not fully resolve the perceived failure, then each Party may seek any remedies available to it.

Dispute Escalation. (a) If either Party believes that the other Party is failing to perform its obligations under a Project, its Page 27 of 27 [***] Certain information in this document has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions. Project Manager will provide written notice (the “Dispute Notice”) to the Project Manager of the other Party of the perceived failure. Upon receipt of such notice, the Project Managers will promptly discuss the possibility of a mutually agreed corrective action plan to address the perceived failure. (b) If the Project Managers cannot agree upon a corrective action plan in writing within [***]] of receipt of the Dispute Notice, or such other period as may be mutually agreed by the Project Managers, each Project Manager will escalate the issue to his or her respective NVM DRAM Program Manager (if the NVM DRAM Program Manager is a different person from the Project Manager). Upon escalation of an issue to the NVM DRAM Program Managers, they will in turn promptly discuss the possibility of a mutually agreed corrective action plan. (c) If a corrective action plan has not been agreed upon in writing within [***] of a Dispute Notice or any such plan does not fully resolve the perceived failure, then each Party may seek any remedies available to it.