Elipsometer Assembly Supply Sample Clauses

Elipsometer Assembly Supply. Following the Closing, Nanometrics shall sell to Toho, and Toho shall purchase from Nanometrics, Elipsometer Assemblies supplied by X.X. Xxxxxxx on terms mutually agreeable to the parties. Such orders shall be made pursuant to Nanometrics’s customary supply arrangements. In addition, Nanometrics sale of such products to Toho shall be subject to the following terms: (i) Nanometrics shall use all commercially reasonable efforts to continue to procure and sell the Elipsometer Assemblies for at least ten (10) years following the Transaction Date or as long as Nanometrics is commercially able to procure such products and (ii) Toho will provide Nanometrics with a six (6) month lead time for supplying such Elipsometer Assemblies .The price payable by Toho to Nanometrics for the Elipsometer Assemblies will be the actual purchase price paid therefor by Nanometrics (which as of the Effective Date Nanometrics represents is $77,984.00 (P/N 9407-1025 M2000-Se) plus 5%, plus shipping and handling charges. Such prices may be increased in the future due to actual cost-increases charged by the supplier thereof. Nanometrics shall use commercially reasonable efforts to provide Toho with at least 90 days notice of any material changes in the listed price or other material terms of any Elipsometer Assemblies to be supplied by Nanometrics to Toho. Toho shall be entitled to the benefits of any warranty provided with respect to the Elipsometer Assemblies.
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Related to Elipsometer Assembly Supply

  • Fabrication Making up data or results and recording or reporting them.

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