Common use of Prices; Products and Services Clause in Contracts

Prices; Products and Services. (a) The prices charged to DISTRIBUTOR for all Products purchased hereunder shall be the lower of (i) those prices set forth on Schedule C, ---------- attached hereto, or (ii) the lowest prices charged by SUPPLIER to any other purchaser for the same such Product in similar quantities during the four months preceding an order. To the extent that SUPPLIER's direct cost per unit for the Products exceeds that set forth on Schedule C, SUPPLIER and DISTRIBUTOR shall ---------- agree to an increase in the price to DISTRIBUTOR and a decrease to DISTRIBUTOR's Sales Commitments. If SUPPLIER and DISTRIBUTOR cannot reach such agreements, then this Agreement shall terminate. The prices charged to DISTRIBUTOR for all Pre-Commercial Units purchased hereunder shall be those prices set forth on Schedule C, and such prices are not subject to adjustment even if SUPPLIER sells ---------- Pre-Commercial Units to another purchaser at a lower price.