Common use of HARDWARE SHIPPING SCHEDULE/COSTS Clause in Contracts

HARDWARE SHIPPING SCHEDULE/COSTS. It is the parties’ intent to ship hardware from DIRECTV to Contractor’s plants weekly based on DIRECTV’s rolling ninety (90) day consumption forecast specific to the region(s) serviced by each of Contractor’s applicable DIRECTV-authorized ship-to locations. Upon the receipt of the applicable forecasts, Contractor shall determine the amount of hardware desired to cover the intended weekly consumption period and shall order those amounts of hardware from DIRECTV through DIRECTV’s purchase order (“PO”) process. Upon the receipt of such PO, DIRECTV shall issue a corresponding sales order and shall initiate the shipment of such sales order. Contractor may, in its reasonable discretion, request more or less hardware in its weekly PO than as is advised by DIRECTV based upon DIRECTV’s rolling forecast and DIRECTV shall ship that requested amount; provided, however, that in the event Contractor requests LESS THAN the advised amount as communicated by DIRECTV and Contractor then requires an additional shipment to cover the unanticipated shortfall (a “Contractor Shortfall Order”), Contractor shall be solely responsible for all shipping costs related to that specific Contractor Shortfall Order. Those shipping charges to Contractor shall reflect DIRECTV’s actual shipping costs related to the specific Contractor Shortfall Order. In addition, if Contractor requests delivery of hardware in either less-than-full pallet. quantities and/or delivery to locations requiring a liftgate service, DIRECTV, in its sole discretion, may elect to charge Contractor an additional handling fee of $1.50 per unit for less-than full pallet quantities and $30.00 per pallet requiring liftgate service. In the event that consumption exceeds DIRECTV’s anticipated forecast on which Contractor based its weekly PO of hardware and an expedited shipment is required (a “DIRECTV Shortfall Order”), DIRECTV shall be solely responsible for all shipping costs related to that specific DIRECTV Shortfall Order. In no event shall DIRECTV have any obligation to “buy-back” hardware ordered by Contractor as a result of a shortfall in the anticipated the forecasted sales volume; provided, however, that Section 7 hereunder sets forth those limited scenarios where a hardware buy-back by DIRECTV may be applicable.

HARDWARE SHIPPING SCHEDULE/COSTS. It is the parties’ intent to ship hardware from DIRECTV to Contractor’s plants weekly based on DIRECTV’s rolling ninety (90) day consumption forecast specific to the region(s) serviced by each of Contractor’s applicable DIRECTV-authorized ship-to locations. Upon the receipt of the applicable forecasts, Contractor shall determine the amount of hardware desired to cover the intended weekly consumption period and shall order those amounts of hardware from DIRECTV through DIRECTV’s purchase order (“PO”) process. Upon the receipt of such PO, DIRECTV shall issue a corresponding sales order and shall initiate the shipment of such sales order. Contractor may, in its reasonable discretion, request more or less hardware in its weekly PO than as is advised by DIRECTV based upon DIRECTV’s rolling forecast and DIRECTV shall ship that requested amount; provided, however, that in the event Contractor requests LESS THAN the advised amount as communicated by DIRECTV and Contractor then requires an additional shipment to cover the unanticipated shortfall (a “Contractor Shortfall Order”), Contractor shall be solely responsible for all shipping costs related to that specific Contractor Shortfall Order. Those shipping charges to Contractor shall reflect DIRECTV’s actual shipping costs related to the specific Contractor Shortfall Order. In addition, if Contractor requests delivery of hardware in either less-than-full pallet. pallet quantities and/or delivery to locations requiring a liftgate service, DIRECTV, in its sole discretion, may elect to charge Contractor an additional handling fee of $1.50 per unit for less-than full pallet quantities and $30.00 per pallet requiring liftgate service. In the event that consumption exceeds DIRECTV’s anticipated forecast on which Contractor based its weekly PO of hardware and an expedited shipment is required (a “DIRECTV Shortfall Order”), DIRECTV shall be solely responsible for all shipping costs related to that specific DIRECTV Shortfall Order. In no event shall DIRECTV have any obligation to “buy-back” hardware ordered by Contractor as a result of a shortfall in the anticipated the forecasted sales volume; provided, however, that Section 7 hereunder sets forth those limited scenarios where a hardware buy-back by DIRECTV may be applicable.

HARDWARE SHIPPING SCHEDULE/COSTS. It is the parties’ intent to ship hardware from DIRECTV to Contractor’s plants weekly based on DIRECTV’s rolling ninety (90) day consumption forecast specific to the region(s) serviced by each of Contractor’s applicable DIRECTV-authorized ship-to locations. Upon the receipt of the applicable forecasts, Contractor shall determine the amount of hardware desired to cover the intended weekly consumption period and shall order those amounts of hardware from DIRECTV through DIRECTV’s purchase order (“PO”) process. Upon the receipt of such PO, DIRECTV shall issue a corresponding sales order and shall initiate the shipment of such sales order. Contractor may, in its reasonable discretion, request more or less hardware in its weekly PO than as is advised by DIRECTV based upon DIRECTV’s rolling forecast and DIRECTV shall ship that requested amount; provided, however, that in the event Contractor requests LESS THAN the advised amount as communicated by DIRECTV and Contractor then requires an additional shipment to cover the unanticipated shortfall (a “Contractor Shortfall Order”), Contractor shall be solely responsible for all shipping costs related to that specific Contractor Shortfall Order. Those shipping charges to Contractor shall reflect DIRECTV’s actual shipping costs related to the specific Contractor Shortfall Order. In addition, if Contractor requests delivery of hardware in either less-than-than full pallet. pallet quantities and/or delivery to locations requiring a liftgate lift gate service, DIRECTV, in its sole discretion, may elect to charge Contractor an additional handling fee of $1.50 per unit for less-than full pallet quantities and $30.00 per pallet requiring liftgate lift gate service. In the event that consumption exceeds DIRECTV’s anticipated forecast on which Contractor based its weekly PO of hardware and an expedited shipment is required (a “DIRECTV Shortfall Order”), DIRECTV shall be solely responsible for all shipping costs related to that specific DIRECTV Shortfall Order. In no event shall DIRECTV have any obligation to “buy-back” hardware ordered by Contractor as a result of a shortfall in the anticipated the forecasted sales volume; provided, however, that Section 7 hereunder sets forth those limited scenarios where a hardware buy-back by DIRECTV may be applicable.

HARDWARE SHIPPING SCHEDULE/COSTS. It is the parties’ intent to ship hardware from DIRECTV to Contractor’s plants weekly based on DIRECTV’s rolling ninety (90) ***** day consumption forecast specific to the region(s) serviced by each of Contractor’s applicable DIRECTV-authorized ship-to locations. Upon the receipt of the applicable forecasts, Contractor shall determine the amount of hardware desired to cover the intended weekly consumption period and shall order those amounts of THE COMPANY HAS REQUESTED AN ORDER FROM THE SECURITIES AND EXCHANGE COMMISSION (THE “COMMISSION”) PURSUANT TO RULE 24b-2 UNDER THE SECURITIES EXCHANGE ACT OF 1934, AS AMENDED, GRANTING CONFIDENTIAL TREATMENT TO SELECTED PORTIONS. ACCORDINGLY, THE CONFIDENTIAL PORTIONS HAVE BEEN OMITTED FROM THIS EXHIBIT, AND HAVE BEEN FILED SEPARATELY WITH THE COMMISSION. OMITTED PORTIONS ARE INDICATED IN THIS EXHIBIT WITH “*****”. hardware from DIRECTV through DIRECTV’s purchase order (“PO”) process. Upon the receipt of such PO, DIRECTV shall issue a corresponding sales order and shall initiate the shipment of such sales order. Contractor may, in its reasonable discretion, request more or less hardware in its weekly PO than as is advised by DIRECTV based upon DIRECTV’s rolling forecast and DIRECTV shall ship that requested amount; provided, however, that in the event Contractor requests LESS THAN the advised amount as communicated by DIRECTV and Contractor then requires an additional shipment to cover the unanticipated shortfall (a “Contractor Shortfall Order”), Contractor shall be solely responsible for all shipping costs related to that specific Contractor Shortfall Order. Those shipping charges to Contractor shall reflect DIRECTV’s actual shipping costs related to the specific Contractor Shortfall Order. In addition, if Contractor requests delivery of hardware in either less-than-full pallet. pallet quantities and/or delivery to locations requiring a liftgate service, DIRECTV, in its sole discretion, may elect to charge Contractor an additional handling fee of $1.50 ***** per unit for less-than full pallet quantities and $30.00 ***** per pallet requiring liftgate service. In the event that consumption exceeds DIRECTV’s anticipated forecast on which Contractor based its weekly PO of hardware and an expedited shipment is required (a “DIRECTV Shortfall Order”), DIRECTV shall be solely responsible for all shipping costs related to that specific DIRECTV Shortfall Order. In no event shall DIRECTV have any obligation to “buy-back” hardware ordered by Contractor as a result of a shortfall in the anticipated the forecasted sales volume; provided, however, that Section 7 hereunder sets forth those limited scenarios where a hardware buy-back by DIRECTV may be applicable.