New Price. The parties agree to delete the contents of Section 8 of the Agreement, Price, and replace it with the following: First 10M pieces: US$[***] Next 20M pieces: US$[***] Next 20M pieces: US$[***] After first 50M pieces: US$[***] Changes in die size will affect the price quoted. The prices quoted herein for mass production are based on the assumption of adequate yield. TAEC reserves the right to adjust pricing based on mutual agreement in the event that adequate yield figures, in TAEC’s reasonable opinion, are not achieved by the start of mass production despite reasonable commercial efforts by both parties. TAEC will provide Netlist with timely data such that Netlist can reasonably assess yield. Prices do not include and are subject to any applicable sales tax.
New Price. The parties agree to delete the contents of Section 8 of the Agreement, Price, and replace it with the following: First [***] pieces: US$[***] *[***] Next [***] pieces: US$[***] Next [***] pieces: US$[***] After first [***] pieces: US$[***] * Prices for first 1 Mpcs represent an addition of US$[***] per unit in amortized Total NRE cost. See Section 10. Changes in die size will affect the price quoted. The prices quoted herein for mass production are based on the assumption of adequate yield. TAEC reserves the right to adjust pricing based on mutual agreement in the event that adequate yield figures, in TAEC’s reasonable opinion, are not achieved by the start of mass production despite reasonable commercial efforts by both parties. TAEC will provide Netlist with timely data such that Netlist can reasonably assess yield. Prices do not include and are subject to any applicable sales tax.
New Price. The parties agree to delete the contents of Section 8 of the Agreement, Price, and replace it with the following:
New Price. The parties agree to delete the contents of Section 8 of the Agreement, Price, and replace it with the following: First [***] pieces: US$[***] Next [***] pieces: US$[***] Next [***] pieces: US$[***] After first [***] pieces: US$[***] Changes in die size will affect the price quoted. The prices quoted herein for mass production are based on the assumption of adequate yield. TAEC reserves the right to adjust pricing based on mutual agreement in the event that adequate yield figures, in TAEC’s reasonable opinion, are not achieved by the start of mass production despite reasonable commercial efforts by both parties. TAEC will provide Netlist with timely data such that Netlist can reasonably assess yield. Prices do not include and are subject to any applicable sales tax.
New Price. The contracting parties reserve the right to agree a new price if the Contract is renewed and in any case the adjustment herein stipulated will be the minimum base which shall be used to determine the new lease amount, such that appraisers shall be called and the verbal procedure stipulated in Article 519 3 of the Commercial Code shall be used only when in the opinion of the contracting parties for the renewal period, a new payment above that herein stipulated should be established inasmuch as for the other cases, the parties shall be subject to the terms of the preceding clauses.
New Price. 13. For the purpose of illustrating the method by which the Redetermined Price will be determined in the future and establishing the minimum for the Fixed Lignite Price during the Post-Transition Period as provided in Article D.l through D.3, a “New Price” has been determined as of July 1, 1998. The work papers for the determination of the New Price are included as Exhibit B, pages 1 through 5 of the Appendix, and are incorporated herein as an illustration of the pricing model for the determination of each Redetermined Price. Incorporation of New Price workpapers is intended to illustrate and clarify the components of the Redetermined Price and the method of its determination described in the text of this Agreement. The Parties intend that the text shall be interpreted in conformity with the numerical exposition in the Exhibits unless there is irreconcilable conflict between the text and the exposition examples in which event the text shall control. No numerical value used in calculating the New Price shall determine conclusively the value to be used in calculating a Redetermined Price. Such values shall be determined under the then prevailing facts and circumstances.
