Common use of Price Changes Not Negotiated; Selling/Buying Obligations End Clause in Contracts

Price Changes Not Negotiated; Selling/Buying Obligations End. If Seller and Buyer are unable at the end of the third 12-month period of the Initial Term to negotiate an invoice price for one or more categories of MOS, then for the remainder of the Initial Term (i) Seller’s obligations to sell, and Buyer’s obligations to purchase, MOS in these categories in accordance with Section 4(c)(i) will end, and (ii) Seller will give Buyer a continuing Right of First Offer with respect to all MOS in these categories. If the required negotiations at the end of the third 12-month period result in agreed-upon invoice prices for all categories of MOS for the fourth 12-month period but Seller and Buyer are unable at the end of the fourth 12-month period to negotiate an invoice price for one of more categories of MOS for the final 18-month period of the Initial Term, then for the remainder of the Initial Term (y) Seller’s obligations to sell, and Buyer’s obligations to purchase, MOS in these categories in accordance with Section 4(c)(i) will end, and (z) Seller will give Buyer a continuing Right of First Offer with respect to all MOS in these categories.

Price Changes Not Negotiated; Selling/Buying Obligations End. If Seller and Buyer are unable at the end of the third 12-month period of the Initial Term to negotiate an invoice price for one or more categories of MOS, then for the remainder of the Initial Term (i) Seller’s obligations to sell, and Buyer’s obligations to purchase, MOS in these categories in accordance with Section 4(c)(i) will end, and (ii) Seller will give Buyer a continuing Right of First Offer with respect to all MOS in these categories. If the required negotiations at the end of the third 12-month period result in agreed-upon invoice prices for all categories of MOS for the fourth 12-month period but Seller and Buyer are unable at the end of the fourth 12-month period to negotiate an invoice price for one of more categories of MOS for the final 18fifth 12-month period of the Initial Term, then for the remainder of the Initial Term (y) Seller’s obligations to sell, and Buyer’s obligations to purchase, MOS in these categories in accordance with Section 4(c)(i) will end, and (z) Seller will give Buyer a continuing Right of First Offer with respect to all MOS in these categories.