LEADTIMES. A. Leadtimes for C4 First Articles is * * * weeks plus American and/or Japan holidays, as provided by Seller to Buyer each year in advance, and as agreed to between Buyer and Seller.
B. Leadtimes for Buyer C4 forecasted reorders (repeat orders) is * * * weeks. Buyer may expedite forecast reorders for a * * * week through-put time for a * * *% expedite fee, or for a * * * week through-put time for a * * *% expedite fee, subject to Seller's acceptance. Seller shall commit to either the * * * or * * * week expedite at time of order release, and should Seller not meet the expedite time, then no premium shall be paid. Expedited reorders will not count against late deliveries for on time delivery as reported on the Supplier Report Card (only if the reorder is greater than * * * weeks with the reorder count negatively against on time delivery). If an expedited order is delivered in greater than * * * weeks, then Buyer shall only pay for the reorder price (and not the * * *% or * * *% expedite fee).
C. Leadtimes for Buyer C4 un-forecasted reorders (repeat orders) is * * * weeks. Buyer may expedite un-forecasted reorders for a * * * week throughput time for a * * *% expedite fee, subject to raw material in stock or raw materials can be procured in time to meet the expedited schedule. Expedited reorders will not count against late deliveries for on time delivery as reported on the Supplier Report Card (only if the reorder is greater than * * * weeks with the reorder count negatively against on time delivery). If an expedited order is delivered in greater than * * * weeks, then Buyer shall only pay for the reorder price (and not the * * *% expedite fee). ---------- *** Confidential treatment has been requested for portions of this exhibit. The copy filed herewith omits the information subject to the confidentiality request. Omissions are designated as *****. A complete version of this exhibit has been filed separately. ADDENDUM M Procurement Spec. 07-1000-5
0.1 To establish uniform business standards for procurement of Sort Interface Units (SIU).
2.2 To outline the qualification and disqualification process used in selecting suppliers of SIUs.
2.3 To define some of the terminology used in association with ITTO Test Tooling SIU transactions.
3.1 This specification applies to all SIUs being purchased for use within Intel.
3.2 This specification applies to all suppliers of SIUs.
LEADTIMES. After the bring-up of the baseline process: ---------
(a) MEC/MEI will complete mask sets for any PI Product within ten (10) working days after the receipt by MEC/MEI of a final database tape for such PI Product. PI will bear all the costs of mask tooling.
(b) MEC/MEI will deliver to PI (ex the Fab) prototype Wafers of any PI Products within forty-four (44) working days after availability of mask sets for such PI Product. MEC/MEI and PI will negotiate in good faith the possibility of making available to PI fast-turn lots for certain prototype Wafers. PI will pay for those prototype wafers.
(c) MEC/MEI will deliver (ex the Fab) the first (1st) shipment of the Wafers ordered by PI for that month no later than fifty-four (54) working days after the start of the production as per PI's purchase order for such PI Products, unless PI's purchase order specifies a later delivery date. The rest of the ordered Wafers for that month will be shipped so that PI receives all such Wafers, in equal weekly quantities to the extent practicably possible, within twenty (20) working days after the first (1st) shipment. MEC/MEI shall use its reasonable and best efforts to improve actual leadtime for the production of Wafers.
(d) In the event the production of new Products (including Updates of the Products) requires more complicated manufacturing process to MEC, including the case, but not limited to, where the increase of the number of masks used for such production, or the manufacturing processes of the Products are transferred from the present Fab. to another qualified Fab., the leadtime stated in Section 3.5(c) may be changed according to such different conditions if both parties agree to such change.
LEADTIMES. SELLER agrees that leadtime on new orders shall not exceed [CONFIDENTIAL INFORMATION OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION], ex-factory, for the initial order.
LEADTIMES. SELLER agrees that leadtime on new orders shall not exceed 4 weeks, ex-factory, for the initial order.
LEADTIMES. The lead times for the Products are as follows: 5867, 5868, 5865 *** 5877 *** 5886 *** 5890 *** 9820, 9810, 7781, 9814, 9824 *** Branch Assist Solution *** 011907 Final Solectron will use best efforts to fulfill orders NCR designates within *** days for Products and same day for Parts. For Product with “Tidel” as part of the description in Exhibit A, ***% of the monthly forecast must be available for a one day lead time, ***% of forecast available for a *** day lead time, and ***% of forecast for a lead time of more than *** days.
LEADTIMES. 6.1 Leadtimes and other periods indicated by TrustLube shall never be considered to be of the essence, unless otherwise explicitly agreed in writing. In the event of any non-timely delivery of Products and/or execution of Services, whether or not subject to any prior notification given to the Customer by TrustLube, TrustLube must be given notice to act, within a period that it deems reasonable, in order to meet its obligations. If this extended period is exceeded, the Customer will only be allowed to terminate the agreement insofar as no Products have been delivered or no Services have yet been executed. However, TrustLube will not be liable under any circumstances for damages, including though not exhaustively, loss of profit and business damage and consequential damage, as a consequence of delays in said delivery.
6.2 The leadtime starts whichever of the following moments in time is latest:
a. The day on which the agreement is formed;
b. The day on which the documents, details, permits, etc. required for execution of the assignment are received by the Customer;
c. The day on which the formalities required for commencing the activities are satisfied;
d. The day on which that which, in accordance with the agreement, needs to be settled prior to commencing activities in the case of prepayment is received by the Customer; If a delivery date or week has been agreed, the leadtime will be the time frame between the date the agreement was formed and the delivery date or week.
6.2 TrustLube will be allowed to execute in instalments any orders placed. If any orders are executed in instalments, TrustLube will be entitled to invoice each instalment separately.
