Purchases by Authorized Third Party Clause Samples

Purchases by Authorized Third Party. Certain Items may be incorporated into subassemblies or other products made for Applied by a third party. In such event, Applied may designate the third party as authorized to purchase such Item(s) from Supplier and, upon Supplier’s receipt of notice thereof, Supplier shall enter into an agreement with such third party to sell such Item(s) to such third party on terms (including [*]) [*] the terms set forth in this Agreement specifically for use on subassemblies or other products that such third party will sell directly to Applied. Although Applied will have the right to require such a contract between Supplier and a third party designated by Applied to be on terms[*] the terms set forth in this Agreement, Applied will not be a party to the negotiations, nor a party to the resulting contract, between Supplier and such a designated third party.

Purchases by Authorized Third Party. Items may be incorporated into Finished Products made for Tesla by a third party. Upon the mutual agreement of the Parties, Tesla may designate the third party as authorized to purchase Items from Panasonic. Such third party shall meet Panasonic’s technical requirements for battery handling and battery pack assembly, purchasing requirements and credit terms as established by Panasonic from time to time. Tesla shall cause such third party to enter into an agreement with Panasonic to purchase Items from Panasonic on terms and conditions substantially similar to the terms and conditions set forth in this Agreement.

Purchases by Authorized Third Party. Certain Items may be incorporated into subassemblies or other products made for Applied by a third party. In such event, Applied may designate the third party as authorized to purchase such Item(s) from Supplier and, upon Supplier’s receipt of notice thereof, Supplier shall enter into an agreement with such third party to sell such Item(s) to such third party on terms (including [* *]) [* *] the terms set forth in this Agreement specifically for use on subassemblies or other products that such third party will sell directly to Applied.

Purchases by Authorized Third Party. Certain Items may be (i) incorporated into subassemblies or other products made for Applied by a Third Party; or (ii) otherwise processed by a Third Party. In such event, Applied may designate the Third Party in writing as authorized to purchase such Item(s) from Supplier and, upon Supplier's receipt of notice thereof, Supplier may enter into a similar agreement with such Third Party to sell such Item(s) to such Third Party, [**] the terms set forth in this Agreement, including all terms and conditions. Notwithstanding this Agreement, determination of favorable terms will consider any financial burden to Supplier resulting from Third Party relationships. Supplier understands that the selection and responsibility for sourcing subassembly components will generally be the responsibility of the Third Party. [**] such Third Party [**].

Purchases by Authorized Third Party. Items may be incorporated into Finished Products made for Tesla by a third party. Upon the mutual agreement of the Parties, Tesla may designate the third party as authorized to purchase Items from SANYO, once credit terms have been approved by SANYO, and SANYO shall enter into an agreement with such third party to sell Items to the third party on terms (including pricing) no less favorable than the terms set forth in this Agreement. [***] Information has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions.