Purchase of Spansion Specific Tools Sample Clauses

Purchase of Spansion Specific Tools. Upon expiration or termination of this Agreement, (a) Fujitsu will return to Spansion any tools and equipment owned by Spansion and used by Fujitsu in connection with the performance of Services and (b) Spansion will purchase from Fujitsu, and Fujitsu will sell to Spansion, flash specific tools and equipment (“Equipment”) used by Fujitsu in connection with the performance of Services, which Equipment is identified on Schedule 1.6 to the First Amendment to this Agreement (“Schedule 1.6”). Fujitsu may not purchase any new Flash specific tools or equipment without Spansion’s prior written consent. The Parties shall update Schedule 1.6 from time to time to reflect any such newly purchased Flash specific tools and equipment. The purchase price for the Equipment shall be equal to the then current net book value based on generally accepted accounting principles in the U.S., using the straight-line depreciation method (and assuming, where the Equipment is leased, that Fujitsu owns such Equipment). In addition, Spansion will pay to Fujitsu, with respect to leased Equipment identified as such on Schedule 1.6, such amounts that are incurred by Fujitsu in connection with the early termination of the lease(s) as may be mutually agreed to by the Parties, provided that Spansion’s agreement shall not be unreasonably withheld. The Equipment shall be sold on an “as is” basis, and delivery shall be made FCA (Kyushu plant), at which point title and risk of loss to the Equipment will pass to Spansion. Spansion will also bear all other reasonable costs associated with delivering the Equipment, including reasonable costs incurred in connection with de-installing the testers identified on Schedule 1.6.”
Sample 1
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Related to Purchase of Spansion Specific Tools

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