Common use of Payment; Remedy Clause in Contracts

Payment; Remedy. All determinations of whether Wafer Volume Commitments have been met during any Working Segment shall be determined at the end of such Working Segment, and all amounts to be paid in respect of portions of the Wafer Volume Commitment not purchased in accordance with this Section will be tracked monthly, and reconciled and paid at the end of each Working Segment. Conexant’s payment of the foregoing amounts shall be Company’s sole and exclusive remedy, and Conexant’s entire liability, for Conexant’s failure to meet any Wafer Volume Commitment hereunder or to purchase any Wafers ordered in Purchase Orders pursuant to Section 3.3(a) during Segments 1 through 18.

Payment; Remedy. All determinations of whether Wafer Volume Commitments have been met during any Working Segment shall be determined at the end of such Working Segment, and all amounts to be paid in respect of portions of the Wafer Volume Commitment not purchased in accordance with this Section will be tracked monthly, and reconciled and paid at the end of each Working Segment. Conexant’s Skyworks’ payment of the foregoing amounts shall be Company’s sole and exclusive remedy, and Conexant’s Skyworks’ entire liability, for Conexant’s Skyworks’ failure to meet any Wafer Volume Commitment hereunder or to purchase any Wafers ordered in Purchase Orders pursuant to Section 3.3(a) during Segments 1 through 18.