Common use of Prices Clause in Contracts

Prices. All prices are firm and shall not be subject to change. Seller’s price includes all payroll and/or occupational taxes, any value added tax that is not recoverable by Buyer and any other taxes, fees and/or duties applicable to the goods and/or services purchased under this Order; provided, however, that any value added tax that is recoverable by Buyer, state and local sales, use, excise and/or privilege taxes, if applicable, will not be included in Seller’s price but will be separately identified on Seller’s invoice. If Seller is obligated by law to charge any value added and/or similar tax to Buyer, Seller shall ensure that if such value added and/or similar tax is applicable, that it is invoiced to Buyer in accordance with applicable rules so as to allow Buyer to reclaim such value added and/or similar tax from the appropriate government authority. Neither party is responsible for taxes on the other party’s income or the income of the other party’s personnel or subcontractors. If Buyer is required by government regulation to withhold taxes for which Seller is responsible, Buyer will deduct such withholding tax from payment to Seller and provide to Seller a valid tax receipt in Seller’s name. If Seller is exempt from such withholding taxes or eligible for a reduced rate of withholding tax as a result of a tax treaty or other regime, Seller shall provide to Buyer a valid tax residency certificate or other documentation, as required by the applicable government regulations, at a minimum of thirty (30) days prior to payment being due. Seller warrants the pricing for any goods or services shall not exceed the pricing for the same or comparable goods or services offered by Seller to third parties. Seller shall promptly inform Buyer of any lower pricing levels for same or comparable goods or services and the parties shall promptly make the appropriate price adjustment.

Prices. All prices are firm and shall not be subject to change. SellerSupplier’s price includes all payroll and/or occupational taxes, any value added tax that is not recoverable by Buyer and any other taxes, fees and/or duties applicable to the goods and/or services purchased under this Order; provided, however, that any value added tax that is recoverable to be collected by Buyer, state and local sales, use, excise and/or privilege taxestaxes (collectively “VAT”), if applicable, will shall not be included in SellerSupplier’s price but will shall be separately identified invoiced by Supplier in an invoice ‘bis’. Such VAT (if any) shall be invoiced by Supplier to Buyer in Dinars based on Seller’s invoicethe exchange rate valid on the date of issuance of the PO. If Seller Supplier is legally obligated by law to charge any value added and/or similar tax to Buyertax, Seller Supplier shall ensure that if such value added and/or similar tax is applicable, that it is invoiced to invoice Buyer in accordance with applicable rules so as to allow enable Buyer to reclaim such tax and to reverse charge the value added and/or similar tax from to the appropriate government authoritytax authorities as provided for under applicable law. Neither party is responsible for taxes on the other party’s income or the income of the other party’s personnel or subcontractors. If Buyer is legally required by government regulation to withhold taxes for which Seller Supplier is responsible, Buyer will shall deduct such withholding tax taxes from payment to Seller Supplier in accordance with applicable law and provide to Seller Supplier a valid tax receipt in SellerSupplier’s name. If Seller Supplier is exempt from such withholding taxes or eligible for a reduced rate of withholding tax as a result of a tax treaty or other regimetax, Seller Supplier shall provide to Buyer a valid tax residency certificate or other documentation, as required by the applicable government regulations, documentation at a minimum of least thirty (30) days prior to payment being due. Seller Supplier warrants the pricing for any goods or services shall not exceed the pricing for the same or comparable goods or services offered by Seller Supplier to third parties. Seller Supplier shall promptly inform Buyer of any lower pricing levels for same or comparable goods or services services, and the parties shall promptly make the appropriate price adjustment.

Prices. All prices are firm and shall not be subject to change. Seller’s price includes all payroll and/or occupational taxes, any value added tax that is not recoverable by Buyer and any other taxes, fees and/or duties applicable to the goods and/or services purchased under this Order; provided, however, that any value added tax that is recoverable by Buyer, state and local sales, use, excise and/or privilege taxes, if applicable, will not be included in Seller’s price but will be separately identified on Seller’s invoice. If Seller is obligated by law to charge any value added and/or similar tax to Buyer, . Seller shall ensure that if such value added and/or similar tax is applicable, that it is invoiced to Buyer in accordance with applicable rules so as to allow Buyer to reclaim such value added and/or similar tax from the appropriate government authority. Neither party is responsible for taxes on the other party’s income or the income of the other party’s personnel or subcontractors. If Buyer is required by government regulation to withhold taxes for which Seller is responsible, . Buyer will deduct such withholding tax from payment to Seller and provide to Seller a valid tax receipt in Seller’s name. If Seller is exempt from such withholding taxes or eligible for a reduced rate of withholding tax as a result of a tax treaty or other regime, Seller shall provide to Buyer a valid tax residency certificate or other documentation, as required by the applicable government regulations, at a minimum of thirty (30) days prior to payment being due. Seller warrants the pricing for any goods or services shall agrees that it will not exceed the pricing for the same or sell\goods using comparable goods or services offered by Seller material systems and technology to third parties. Seller shall promptly inform Buyer of any lower pricing levels for same or comparable goods or services and the parties shall promptly make the appropriate price adjustmentother customers at more favorable gross margins than those given Buyer.

Prices. All prices are firm and shall not be subject to change. Seller’s price includes all payroll and/or occupational taxes, any value added tax that is not recoverable by Buyer and any other taxes, fees and/or duties applicable to the goods and/or services purchased under this Order; : provided, however, that any value added tax that is recoverable by Buyer, state and local sales, use, excise and/or privilege taxes, if applicable, will not be included in Seller’s price but will be separately identified on Seller’s invoice. If Seller is obligated by law to charge any value added and/or similar tax to Buyer, Seller shall ensure that if such value added and/or similar tax is applicable, that it is invoiced to Buyer in accordance with applicable rules so as to allow Buyer to reclaim such value added and/or similar tax from the appropriate government authority. Neither party is responsible for taxes on the other party’s income or the income of the other party’s personnel or subcontractors. If Buyer is required by government regulation to withhold taxes for which Seller is responsible, Buyer will deduct such withholding tax from payment to Seller and provide to Seller a valid tax receipt in Seller’s name. If Seller is exempt from such withholding taxes or eligible for a reduced rate of withholding tax as a result of a tax treaty or other regime, Seller shall provide to Buyer a valid tax residency certificate or other documentation, as required by the applicable government regulations, at a minimum of thirty (30) days prior to payment being due. Seller warrants the pricing for any agrees that it will not sell goods or services shall not exceed the pricing for the same or using comparable goods or services offered by Seller material systems and technology to third parties. Seller shall promptly inform Buyer of any lower pricing levels for same or comparable goods or services and the parties shall promptly make the appropriate price adjustmentother customers at more favorable gross margins than those given Buyer.

Prices. All prices are firm and shall not be subject to change. SellerSupplier’s price includes all payroll and/or occupational taxes, any value added tax that is not recoverable by Buyer and any other taxes, fees and/or duties applicable to the goods and/or services purchased under this Order; provided, however, that any value added tax that is recoverable by Buyer, state and local sales, use, excise and/or privilege taxes, if applicable, will shall not be included in SellerSupplier’s price but will shall be separately identified on SellerSupplier’s invoice. If Seller Supplier is legally obligated by law to charge any value added and/or similar tax to Buyertax, Seller Supplier shall ensure that if such value added and/or similar tax is applicable, that it is invoiced to invoice Buyer in accordance with applicable rules so as to allow enable Buyer to reclaim such value added and/or similar tax from the appropriate government authoritytax. Neither party is responsible for taxes on the other party’s income or the income of the other party’s personnel or subcontractors. If Buyer is legally required by government regulation to withhold taxes for which Seller Supplier is responsible, Buyer will shall deduct such withholding tax taxes from payment to Seller Supplier and provide to Seller Supplier a valid tax receipt in SellerSupplier’s name. If Seller Supplier is exempt from such withholding taxes or eligible for a reduced rate of withholding tax as a result of a tax treaty or other regimetax, Seller Supplier shall provide to Buyer a valid tax residency certificate or other documentation, as required by the applicable government regulations, documentation at a minimum of least thirty (30) days prior to payment being due. Seller Supplier warrants the pricing for any goods or services shall not exceed the pricing for the same or comparable goods or services offered by Seller Supplier to third parties. Seller Supplier shall promptly inform Buyer of any lower pricing levels for same or comparable goods or services services, and the parties shall promptly make the appropriate price adjustment. In case of an increase in Supplier’s costs for providing the goods and/or services under this Order or an increase in Supplier’s expenses other than such costs, such as maintenance expenses, due to a delay in supply of the goods and/or services for reasons not attributable to Supplier, as prescribed in the Presidential Decree on the Fair Transactions in Subcontracting Act of the Republic of Korea (“Korea”), Supplier may request to renegotiate the price under this Order to reflect such increase in costs or expenses. Within ten (10) days of such request by Supplier, Buyer shall initiate discussion with Supplier on an adjustment of the price under this Order based on the increased costs and expenses and negotiate such price increase in good faith.

Prices. All prices are firm and shall not be subject to change. Seller’s price includes all payroll and/or occupational taxes, ; any value added tax that is not recoverable by Buyer and any other taxes, fees and/or duties applicable to the goods and/or services service purchased under this Order; provided, however, that any value added tax that is recoverable by Buyer, state and local sales, use, use excise and/or privilege taxes, if applicable, will not be included in Seller’s price but will be separately identified on Seller’s ’ invoice. If , if Seller is obligated by law to charge any value added and/or similar tax to Buyer, Seller shall ensure that if such xxx value added and/or similar tax is applicable, that it is invoiced to Buyer in accordance with applicable rules so as to allow Buyer to reclaim such value added and/or similar tax from the appropriate government authority. Neither party is responsible for taxes on the other party’s income or the income of the other party’s personnel or subcontractors. If Buyer is required by government regulation to withhold taxes for which Seller is responsible, Buyer will deduct such withholding tax from payment to Seller and an provide to Seller a valid tax receipt in Seller’s name. , If Seller is exempt from such withholding taxes or eligible for a reduced rate of withholding tax as a result of a tax treaty or other regime, Seller shall provide to Buyer a valid tax residency certificate or other documentation, as required by the applicable government regulations, at a minimum of thirty (30) days prior to payment being due. Seller warrants the pricing for any goods or services shall agrees that it will not exceed the pricing for the same or sell \goods using comparable goods or services offered by Seller material systems and technology to third parties. Seller shall promptly inform Buyer of any lower pricing levels for same or comparable goods or services and the parties shall promptly make the appropriate price adjustmentother customers at more favorable gross margins than those given Buyer.

Prices. (a) All prices are firm and shall not be subject to change. SellerSupplier’s price includes all payroll and/or occupational taxes, any value added tax that is not recoverable by Buyer and any other taxes, fees and/or duties applicable to the goods and/or services purchased under this Order; provided, however, that any value added tax that is recoverable by Buyer, state and local sales, use, excise and/or privilege taxes, if applicable, will shall not be included in SellerSupplier’s price but will shall be separately identified on SellerSupplier’s invoice. If Seller Supplier is legally obligated by law to charge any value added and/or similar tax to Buyertax, Seller Supplier shall ensure that if such value added and/or similar tax is applicable, that it is invoiced to invoice Buyer in accordance with applicable rules so as to allow enable Buyer to reclaim such value added and/or similar tax from the appropriate government authoritytax. Neither party is responsible for taxes on the other party’s income or the income of the other party’s personnel or subcontractors. If Buyer is legally required by government regulation to withhold taxes for which Seller Supplier is responsible, Buyer will shall deduct such withholding tax taxes from payment to Seller Supplier and provide to Seller Supplier a valid tax receipt in SellerSupplier’s name. If Seller Supplier is exempt from such withholding taxes or eligible for a reduced rate of withholding tax as a result of a tax treaty or other regimetax, Seller Supplier shall provide to Buyer a valid tax residency certificate or other documentation, as required by the applicable government regulations, documentation at a minimum of least thirty (30) days prior to payment being due. Seller Supplier warrants the pricing for any goods or services shall not exceed the pricing for the same or comparable goods or services offered by Seller Supplier to third parties. Seller Supplier shall promptly inform Buyer of any lower pricing levels for same or comparable goods or services services, and the parties shall promptly make the appropriate price adjustment. In case of an increase in Supplier’s costs for providing the goods and/or services under this Order or an increase in Supplier’s expenses other than such costs, such as maintenance expenses, due to a delay in supply of the goods and/or services for reasons not attributable to Supplier, as prescribed in the Presidential Decree on the Fair Transactions in Subcontracting Act of the Republic of Korea (“Korea”), Supplier may request to renegotiate the price under this Order to reflect such increase in costs or expenses. Within ten (10) days of such request by Supplier, Buyer shall initiate discussion with Supplier on an adjustment of the price under this Order based on the increased costs and expenses and negotiate such price increase in good faith.

Prices. All prices are firm and shall not be subject to change. Seller’s price includes all payroll and/or occupational taxes, any value added tax that is not recoverable by Buyer and any other taxes, fees and/or duties applicable to the goods and/or services purchased under this Order; provided, however, that any value added tax that is recoverable by Buyer, state and local sales, use, excise and/or privilege taxes, if applicable, will not be included in Seller’s price but will be separately identified on Seller’s invoice. If Seller is obligated by law to charge any value added and/or similar tax to Buyer, Seller shall ensure that if such value added and/or similar tax is applicable, that it is invoiced to Buyer in accordance with applicable rules so as to allow Buyer to reclaim such value added and/or similar tax lax from the appropriate government authority. Neither party is responsible for taxes on the other party’s income or the income of the other party’s personnel or subcontractors. If Buyer is required by government regulation to withhold taxes for which Seller is responsible, Buyer will deduct such withholding tax from payment to Seller and provide to Seller a valid tax receipt in Seller’s name. If Seller is exempt from such withholding taxes or eligible for a reduced rate of withholding tax as a result of a tax treaty or other regime, Seller shall provide to Buyer a valid tax residency certificate or other documentation, as required by the applicable government regulations, at a minimum of thirty (30) days prior to payment being due. Seller warrants the pricing for any goods or services shall not exceed the pricing for the same or comparable goods or services offered by Seller to third parties. Seller shall promptly inform Buyer of any lower pricing levels for same or comparable goods or services and the parties shall promptly make the appropriate price adjustment.

Prices. All prices are firm and shall not be subject to change. SellerSupplier’s price includes all payroll and/or occupational taxes, any value added tax that is not recoverable by Buyer and any other taxes, fees and/or duties applicable to the goods and/or services purchased under this Order; provided, however, that any value added tax that is recoverable to be collected by Buyer, state and local sales, use, excise and/or privilege taxestaxes (collectively “VAT”), if applicable, will shall not be included in SellerSupplier’s price but will shall be separately identified invoiced by Supplier in an invoice ‘bis’. Such VAT (if any) shall be invoiced by Supplier to Buyer in Dinars based on Seller’s invoicethe exchange rate valid on the date of issuance of the PO. If Seller Supplier is legally obligated by law to charge any value added and/or similar tax to Buyertax, Seller Supplier shall ensure that if such value added and/or similar tax is applicable, that it is invoiced to invoice Buyer in accordance with applicable rules so as to allow enable Buyer to reclaim such tax and to reverse charge the value added and/or similar tax from to the appropriate government authoritytax authorities as provided for under applicable law. Neither party is responsible for taxes on the other party’s income or the income of the other party’s personnel or subcontractors. If Buyer is legally required by government regulation to withhold taxes for which Seller Supplier is responsible, Buyer will shall deduct such withholding tax taxes from payment to Seller Supplier in accordance with applicable law and provide to Seller Supplier a valid tax receipt in SellerSupplier’s name. If Seller Supplier is exempt from such withholding taxes or eligible for a reduced rate of withholding tax as a result of a tax treaty or other regimetax, Seller Supplier shall provide to Buyer a valid tax residency certificate or other documentation, as required by the applicable government regulations, documentation at a minimum of least thirty (30) days prior to payment being due. Seller Supplier warrants the pricing for any goods or services shall not exceed the pricing for the same or comparable goods or services offered by Seller Supplier to third parties. Seller Supplier shall promptly inform Buyer of any lower pricing levels for same or comparable goods or services services, and the parties shall promptly make the appropriate price adjustment. 2.

Prices. All prices are firm and shall not be subject to change. Seller’s price includes all payroll and/or occupational taxes, any value added tax that is not recoverable by Buyer and any other taxes, fees and/or duties applicable to the goods and/or services purchased under this Order; provided, however, that any value added tax that is recoverable by Buyer, state and local sales, use, excise and/or privilege taxes, if applicable, will not be included in Seller’s price but will be separately identified on Seller’s invoice. If Seller is obligated by law to charge any value added and/or similar tax to Buyer, Seller shall ensure that if such value added and/or similar tax is applicable, that it is invoiced to Buyer in accordance with applicable rules so as to allow Buyer to reclaim such value added and/or similar tax from the appropriate government authority. Neither party is responsible for taxes on the other party’s income or the income of the other party’s personnel or subcontractors. If Buyer is required by government regulation to withhold taxes for which Seller is responsible, . Buyer will deduct such withholding tax from payment to Seller and provide to Seller a valid tax receipt in Seller’s name. If Seller is exempt from such withholding taxes or eligible for a reduced rate of withholding tax as a result of a tax treaty or other regime, Seller shall provide to Buyer a valid tax residency certificate or other documentation, as required by the applicable government regulations, at a minimum of thirty (30) days prior to payment being due. Seller warrants the pricing for any goods or services shall agrees that it will not exceed the pricing for the same or sell \goods using comparable goods or services offered by Seller material systems and technology to third parties. Seller shall promptly inform Buyer of any lower pricing levels for same or comparable goods or services and the parties shall promptly make the appropriate price adjustmentother customers at more favorable gross margins than those given Buyer.

Prices. All prices are firm and shall not be subject to change. SellerSupplier’s price includes all payroll and/or occupational taxes, any value added tax that is not recoverable by Buyer and any other taxes, fees and/or duties applicable to the goods and/or services purchased under this Order; provided, however, that any value added tax that is recoverable by Buyer, state and local sales, use, excise and/or privilege taxes, if applicable, will shall not be included in SellerSupplier’s price but will shall be separately identified on SellerSupplier’s invoice. If Seller Supplier is legally obligated by law to charge any value added and/or similar tax to Buyertax, Seller Supplier shall ensure that if such value added and/or similar tax is applicable, that it is invoiced to invoice Buyer in accordance with applicable rules so as to allow enable Buyer to reclaim such value added and/or similar tax from the appropriate government authoritytax. Neither party is responsible for taxes on the other party’s income or the income of the other party’s personnel or subcontractors. If Buyer is legally required by government regulation to withhold taxes for which Seller Supplier is responsible, Buyer will shall deduct such withholding tax taxes from payment to Seller Supplier and provide to Seller Supplier a valid tax receipt in SellerSupplier’s name. If Seller Supplier is exempt from such withholding taxes or eligible for a reduced rate of withholding tax as a result of a tax treaty or other regimetax, Seller Supplier shall provide to Buyer a valid tax residency certificate or other documentation, as required by the applicable government regulations, documentation at a minimum of least thirty (30) days prior to payment being due. Seller Supplier warrants the pricing for any goods or services shall not exceed the pricing for the same or comparable goods or services offered by Seller Supplier to third parties. Seller Supplier shall promptly inform Buyer of any lower pricing levels for same or comparable goods or services services, and the parties shall promptly make the appropriate price adjustment. In case of a sharp increase (as the term is defined in Presidential Decrees on the Korea Fair Transaction in Subcontracting Act of the Republic of Korea (“Korea”)) in Supplier’s costs for providing goods and/or services, Supplier may request to renegotiate the price under this Order to reflect such increase in costs. Upon such request by Supplier, within ten (10) days of such request, Buyer shall initiate discussion with Supplier on an adjustment of the price under this Order based on the increased costs and negotiate such price increase in good faith.

Prices. (a) All prices are firm and shall not be subject to change. SellerSupplier’s price includes all payroll and/or occupational taxes, any value added tax that is not recoverable by Buyer and any other taxes, fees and/or duties applicable to the goods and/or services purchased under this an Order; provided, however, that any value added tax that is recoverable by Buyer, state and local sales, use, excise and/or privilege taxes, if applicable, will shall not be included in SellerSupplier’s price but will shall be separately identified on SellerSupplier’s invoice. If Seller Supplier is legally obligated by law to charge any value added and/or similar tax to Buyertax, Seller Supplier shall ensure that if such value added and/or similar tax is applicable, that it is invoiced to invoice Buyer in accordance with applicable rules so as to allow enable Buyer to reclaim such value added and/or similar tax from the appropriate government authoritytax. Neither party is responsible for taxes on the other party’s income or the income of the other party’s personnel or subcontractors. If Buyer is legally required by government regulation to withhold taxes for which Seller Supplier is responsible, Buyer will shall deduct such withholding tax taxes from payment to Seller Supplier and provide to Seller Supplier a valid tax receipt in SellerSupplier’s name. If Seller Supplier is exempt from such withholding taxes or eligible for a reduced rate of withholding tax as a result of a tax treaty or other regimetax, Seller Supplier shall provide to Buyer a valid tax residency certificate or other documentation, as required by the applicable government regulations, documentation at a minimum of least thirty (30) days prior to payment being due. Seller Supplier warrants the pricing for any goods or services shall not exceed the pricing for the same or comparable goods or services offered by Seller Supplier to third partiesparties or any Buyer affiliate. Seller Supplier shall promptly inform Buyer of any lower pricing levels for same or comparable goods or services services, and the parties shall promptly make the appropriate price adjustment. (b) If during the Term, Buyer or any of its Affiliates can purchase goods and/or services of like quality from another supplier at a total delivered cost to the facility of Buyer or the applicable Affiliate that is lower than the total delivered cost of the goods and/or services purchased under the Agreement from Supplier, Buyer may notify Supplier of such total delivered cost and Supplier shall have an opportunity to reduce the total delivered cost of the applicable goods and/or services purchased hereunder within thirty (30) days so that it is the same or lower than the total delivered cost of the other supplier. If Supplier timely fails to or cannot legally do so within the thirty (30) day time period described above, Buyer may (i) purchase the applicable goods and/or services from such other supplier (in which case the obligations (including, but not limited to, any purchase and sale requirements and/or commitments, if any) of Buyer and Supplier hereunder shall be reduced accordingly); or (ii) terminate this Agreement without any penalty, liability or further obligation.