OTHER PURCHASE TERMS AND CONDITIONS. The Foundry Agreement, together with any amendments thereto, will apply to all purchases of wafers by Customer from TSMC, except that the provisions of this Agreement will supersede the Foundry Agreement with respect to the subject matter hereof.
OTHER PURCHASE TERMS AND CONDITIONS. All terms and conditions pertaining to this section remain the same as set forth in Option Agreements I and II and Amendment No. 2 to the Foundry Agreement effective as of 21st April, 1997.
OTHER PURCHASE TERMS AND CONDITIONS. The Supply Agreement will apply to all purchases of wafers by Customer from TSMC, except that the provisions of this Agreement will supersede the Supply Agreement with respect to the subject matter hereof, and the provisions of Option Agreement 1 and Option Agreement 3 will supersede the Supply Agreement as to the respective subject matter thereof.
OTHER PURCHASE TERMS AND CONDITIONS. The Customer/TSMC Indemnity Agreement dated October 26, 1996 will apply to all purchases of wafers by Customer from TSMC, except that the provisions of this Agreement will supersede the above Agreement with respect to the subject matter hereof. Within ninety (90) days upon execution hereof, both parties agree to use their best efforts to negotiate and enter into a wafer production agreement for the purchase of wafers hereunder.
OTHER PURCHASE TERMS AND CONDITIONS. (a) Customers agree to purchase from TSMC the Customers Committed Capacity. TSMC agrees to provide to Customers the TSMC Committed Capacity, as set forth in Exhibit A. The parties agree that the Customers Committed Capacity and TSMC Committed Capacity shall be apportioned as set forth in Exhibit A. Customers agree that in any calendar year, the orders placed by Customers shall first apply to fulfill the Base Capacity portion of the Customers Committed Capacity, and then the Option Capacity portion thereof
(b) Customers have deposited a total sum of * with TSMC as set forth in the Option Agreement. TSMC hereby acknowledged receipt of the total sum as an Option Fee.
(c) TSMC will use commercially reasonable efforts to cause its fabs to be capable of producing wafers of more advanced specifications, as set forth in the TSMC Technology Road Map attached as Exhibit B.
(d) The Option Fee shall be repaid to Customers at the rate of * for each physical Wafer purchased in excess of 70% of the Base Capacity up to a maximum of 100% of the Base Capacity in any given twelve months of this Agreement, as shown in Exhibit A. The repayment of the Option Fee shall terminate upon (1) depletion of the amount of the Option Fee; (2) termination of this Agreement. Upon termination of this Agreement, except for cause, TSMC shall return to Customers any remaining amount of the Option Fee, or, Customers may at their option and with TSMC's agreement roll over any remaining amount of the Option Fee in any year to secure Wafer capacity in the year following the then last year of this Agreement. TSMC shall make applicable repayment on annual basis sixty (60) days after the year-end.
OTHER PURCHASE TERMS AND CONDITIONS. 5 6. FAILURE TO PURCHASE THE CUSTOMERS COMMITTED CAPACITY; FIRST RIGHT OF REFUSAL............................................6 7.
OTHER PURCHASE TERMS AND CONDITIONS. The Customer/TSMC Wafer Production Agreement [to be completed within sixty (60) days of the effective date of this Agreement] will apply to all purchases of wafers by Customer from TSMC and delivery of all wafers from TSMC to the Customer, except that the provisions of this Agreement will supersede the above Agreement with respect to the subject matter hereof.
OTHER PURCHASE TERMS AND CONDITIONS. (a) Within ninety (90) days upon execution hereof, the parties agree to use their best efforts to negotiate and enter into a Wafer Production Agreement for the purchase of wafers hereunder.
(b) Upon the execution hereof, TSMC will return to Customers the two promissory notes already made to TSMC.
OTHER PURCHASE TERMS AND CONDITIONS. 6 5. OBLIGATION TO PAY OPTION FEE FOR OPTION CAPACITY . . . . . . . . . . . . . . . . . . . . . . . . . . . .
OTHER PURCHASE TERMS AND CONDITIONS. The Customer/TSMC Wafer Foundry Agreement dated (to be completed) will apply to all purchases of wafers by Customer from TSMC, except that the provisions of this Agreement will supersede the above Agreement with respect to the subject matter hereof.
