Common use of LTSA Negotiation Clause in Contracts

LTSA Negotiation. Company shall be solely authorized and responsible for all marketing (including bid materials), negotiation, and execution of any LTSA for any Project that is, or is proposed to be, subject to a Customer Agreement. Distributor may not, without Company’s prior written consent, make any representation on Customer’s behalf with respect to any LTSA, including without limitation representation regarding pricing, performance commitments, or limitations of liability. Distributor shall have the opportunity to participate in LTSA negotiations with Company and Customer for any LTSA that is subject to the Distributor Excess Performance LD Commitment. Distributor shall not have liability pursuant to any LTSA, except as set forth in an Excess Performance LD Agreement.

LTSA Negotiation. Company shall be solely authorized and responsible for all marketing (including bid materials), negotiation, and execution of any LTSA for any Project that is, or is proposed to be, subject to a Customer Agreement. Distributor may not, without Company’s prior written consent, make any representation on Customer’s behalf with respect to any LTSA, including without limitation representation regarding pricing, performance commitments, or limitations of liability. Distributor shall have the opportunity to participate in LTSA negotiations with Company and Customer for any LTSA that is subject to the Distributor Excess Performance LD Commitment[***]. Distributor shall not have liability pursuant to any LTSA, except as set forth in an Excess Performance LD Agreement.(ii)