Common use of NAND Flash Memory Products Clause in Contracts

NAND Flash Memory Products. (a) Notwithstanding anything to the contrary in this Agreement, the Parties acknowledge that NAND Flash Memory Products may be manufactured using tools installed in the New Y2 Facility cleanroom space if and to the extent agreed in a JV Business Plan or by the applicable JV Operating Committee. Any such manufacture of NAND Flash Memory Products (including as to expansion or technology transition) shall be conducted pursuant to the terms of the applicable JV’s JV Agreements as if such JV Agreements contemplated the manufacture of NAND Flash Memory Products in the New Y2 Facility. (b) Any NAND Flash Memory Products manufactured at the Yokkaichi Facility and that are identified **** as New Y2 lots are referred to as “New Y2 NAND Flash Memory Products.” “JV New Y2 NAND Flash Memory Products” are New Y2 NAND Flash Memory Products allocated to a JV under the applicable JV’s JV Master Agreement. The **** Indicates that certain information contained herein has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions. definitions of “Y3 NAND Flash Memory Products,” “Y4 NAND Flash Memory Products,” “Y5 NAND Flash Memory Products” and “JV Y5 NAND Flash Memory Products” in the JV Agreements are hereby replaced with the following definitions:

NAND Flash Memory Products. (a) Notwithstanding anything to the contrary in this Agreement, the Parties acknowledge that NAND Flash Memory Products may be manufactured using tools installed in the New Y2 Y6 Facility cleanroom space if and to the extent agreed in a JV Business Plan or by the applicable JV Operating Committee. Any such manufacture of NAND Flash Memory Products (including as to expansion or technology transition) shall be conducted pursuant to the terms of the applicable JV’s JV Agreements as if such JV Agreements contemplated the manufacture of NAND Flash Memory Products in the New Y2 Y6 Facility. (b) . Any NAND Flash Memory Products manufactured at the Yokkaichi Facility and that are identified [**** ] as New Y2 Y6 lots are referred to as “New Y2 Y6 NAND Flash Memory Products.” “JV New Y2 Y6 NAND Flash Memory Products” are New Y2 Y6 NAND Flash Memory Products allocated to a JV under the applicable JV’s JV Master Agreement. The Allocation of monthly lot output of NAND Flash Memory Products under the JV Master Agreements is hereby amended to include the following: the actual monthly lot output of Y6 NAND Flash Memory Products will be allocated between the Parent Parties in the manner set forth in this Agreement as if all of such output were BiCS Product output from the Y6 Facility; provided, that during any month in which the planned production of NAND Flash Memory Products is [**** Indicates that certain information contained herein has been omitted and filed separately with ] output will be allocated between the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions. definitions of “Y3 NAND Flash Memory Products,” “Y4 NAND Flash Memory Products,” “Y5 NAND Flash Memory Products” and “JV Y5 NAND Flash Memory Products” in the JV Agreements are hereby replaced with the following definitions:Parent Parties [***].

NAND Flash Memory Products. (a) Notwithstanding anything to the contrary in this Agreement, but subject to Section 1.2, the Parties acknowledge that NAND Flash Memory Products may be manufactured using tools installed in the New Y2 K2 Ph1 Facility cleanroom space if and to the extent agreed in a JV Business Plan or by the applicable JV Operating Committee. Any such manufacture of NAND Flash Memory Products (including as to expansion or technology transition) shall be conducted pursuant to the terms of the applicable JV’s JV Agreements as if such JV Agreements contemplated the manufacture of NAND Flash Memory Products in the New Y2 K2 Ph1 Facility. (b) . Any NAND Flash Memory Products manufactured at the Yokkaichi Kitakami Facility and that are identified [**** ] as New Y2 K2 Ph1 lots are referred to as “New Y2 K2 Ph1 NAND Flash Memory Products.” “JV New Y2 K2 Ph1 NAND Flash Memory Products” are New Y2 K2 Ph1 NAND Flash Memory Products allocated to a JV under the applicable JV’s JV Master Agreement. The Allocation of monthly lot output of NAND Flash Memory Products under the JV Master Agreements is hereby amended to include the following: the actual monthly lot output of K2 Ph1 NAND Flash Memory Products will be allocated between the Parent Parties in the manner set forth in this Agreement as if all of such output were BiCS Product output from the K2 Ph1 Facility; provided that during any month in which the planned production of NAND Flash Memory Products is [**** Indicates that certain information contained herein has been omitted and filed separately with ] output will be allocated between the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions. definitions of “Y3 NAND Flash Memory Products,” “Y4 NAND Flash Memory Products,” “Y5 NAND Flash Memory Products” and “JV Y5 NAND Flash Memory Products” in the JV Agreements are hereby replaced with the following definitions:Parent Parties using an [***]

NAND Flash Memory Products. (a) Notwithstanding anything to the contrary in this Agreement, the Parties acknowledge that NAND Flash Memory Products may be manufactured using tools installed in the New Y2 Y6 Facility cleanroom space if and to the extent agreed in a JV Business Plan or by the applicable JV Operating Committee. Any such manufacture of NAND Flash Memory Products (including as to expansion or technology transition) shall be conducted pursuant to the terms of the applicable JV’s JV Agreements as if such JV Agreements contemplated the manufacture of NAND Flash Memory Products in the New Y2 Y6 Facility. (b) . Any NAND Flash Memory Products manufactured at the Yokkaichi Facility and that are identified **** as New Y2 Y6 lots are referred to as “New Y2 Y6 NAND Flash Memory Products.” “JV New Y2 Y6 NAND Flash Memory Products” are New Y2 Y6 NAND Flash Memory Products allocated to a JV under the applicable JV’s JV Master Agreement. The Allocation of monthly lot output of NAND Flash Memory Products under the JV Master Agreements is hereby amended to include the following: the actual monthly lot output of Y6 NAND Flash Memory Products will be allocated between the Parent Parties in the manner set forth in this Agreement as if all of such output were BiCS Product output from the Y6 Facility; provided, that during any month in which the planned production of NAND Flash Memory Products is **** Indicates that certain information contained herein has been omitted and filed separately with output will be allocated between the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions. definitions of “Y3 NAND Flash Memory Products,” “Y4 NAND Flash Memory Products,” “Y5 NAND Flash Memory Products” and “JV Y5 NAND Flash Memory Products” in the JV Agreements are hereby replaced with the following definitions:Parent Parties ****.

NAND Flash Memory Products. (a) Notwithstanding anything to the contrary in this Agreement, but subject to Section 1.3, the Parties acknowledge that NAND Flash Memory Products may be manufactured using tools installed in the New Y2 K1 Facility cleanroom space if and to the extent agreed in a JV Business Plan or by the applicable JV Operating Committee. Any such manufacture of NAND Flash Memory Products (including as to expansion or technology transition) shall be conducted pursuant to the terms of the applicable JV’s JV Agreements as if such JV Agreements contemplated the manufacture of NAND Flash Memory Products in the New Y2 K1 Facility. (b) . Any NAND Flash Memory Products manufactured at the Yokkaichi Kitakami Facility and that are identified [**** ] as New Y2 K1 lots are referred to as “New Y2 K1 NAND Flash Memory Products.” “JV New Y2 K1 NAND Flash Memory Products” are New Y2 K1 NAND Flash Memory Products allocated to a JV under the applicable JV’s JV Master Agreement. The Allocation of monthly lot output of NAND Flash Memory Products under the JV Master Agreements is hereby amended to include the following: the actual monthly lot output of K1 NAND Flash Memory Products will be allocated between the Parent Parties in the manner set forth in this Agreement as if all of such output were BiCS Product output from the K1 Facility; provided, that during any month in which the planned production of NAND Flash Memory Products is [**** Indicates that certain information contained herein has been omitted and filed separately with ] output will be allocated between the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions. definitions of “Y3 NAND Flash Memory Products,” “Y4 NAND Flash Memory Products,” “Y5 NAND Flash Memory Products” and “JV Y5 NAND Flash Memory Products” in the JV Agreements are hereby replaced with the following definitions:Parent Parties [***]