Purchase of Excess Inventory. At the end of every quarter, LumiraDx shall purchase Excess Inventory that has been Excess Inventory for at least [***], as identified by Flextronics in each quarterly report, at a price equal to [***].
Purchase of Excess Inventory. Customer shall purchase Excess Inventory that has been Excess Inventory for at least 3 months, as identified by Flex in each monthly report, at a price equal to (as applicable) the price from the Fee List for any finished Products, the cost for any partially completed Products, or Standard Cost plus MOC for any other Excess Inventory.
Purchase of Excess Inventory. OptiNose shall pay VTM for Excess Inventory, as identified by VTM in each monthly report, and not objected to by OptiNose or returned/cancelled by VTM, in each instance pursuant to the process set forth above in Section 3.09(a), at a price equal to (as applicable) the price from the price list set forth in Exhibit A for any finished DSAs, the proportionate amount of such price for any partially completed DSAs, or the listed price for individual components, in each instance such price to be the price in existence at the time such Excess Inventory was acquired, used or completed; provided that if any such completed DSAs, partially completed DSAs or other Excess Inventory are subsequently utilized by VTM for the manufacture and supply of DSAs under this Agreement, VTM shall provide OptiNose a credit for the amount previously paid by OptiNose for such completed DSA, partially completed DSA or other Excess Inventory pursuant to this Section 3.09(b); [***]. In connection with any payments made by OptiNose to VTM pursuant to this Section 3.09(b), at VTM’s discretion and OptiNose’s request (1) VTM shall safely store such Excess Inventory at the rate to be mutually agreed to by the parties, and/or (2) OptiNose can, [***], have some or all of such Excess Inventory stored by a third party for VTM’s potential future use.
