Minimum Annual Order Volume. During the Term of this Agreement, Premier shall be required to purchase a Minimum Annual Order Volume (“MAOV”) of [***] (“Units”) for each twelve-month period commencing July 1, 2017, and for the six-month period commencing July 1, 2022 and ending December 31, 2022, Premier will be required to purchase [***] Units (the twelve-month periods and the six month period are each a “Contract Period”).
Minimum Annual Order Volume. Annual orders from Fairchild of Devices utilizing the packaging types set forth on Schedule 5.4 hereto shall exceed eighty (80) percent, in volume, of the aggregate assembly and test capacity of the Facilities set forth in Schedule 5.4 hereto. In the event that annual orders from Fairchild do not exceed eighty (80) percent, in volume, of such capacity, Fairchild shall, within thirty (30) days after the end of such annual period, pay to SESS an amount equal to the revenue which would have been achieved had eighty (80) percent of the capacity been utilized, less an amount reflecting variable costs attributable to such unutilized capacity.
Minimum Annual Order Volume. Annual orders from Fairchild shall exceed eighty (80) percent, in volume, of the EPI Service capacity of the Facilities assigned for the exclusive use of power device Wafers and said EPI Service capacity is set forth in Schedule 5.4 hereto. In addition, the product mix by family shall not vary by more than 5% from Past Practices (the "Product Mix Requirement"). In the event that annual orders from Fairchild do not exceed eighty (80) percent, in volume, of such capacity or satisfy the Product Mix Requirement, Fairchild shall, within thirty (30) days after the end of such annual period, pay to Samsung an amount equal to the revenue which would have been achieved had eighty (80) percent of the capacity been utilized and had the Product Mix Requirement been satisfied, less an amount reflecting variable costs attributable to such unutilized capacity.
