RECONFIGURATION, RESCHEDULING AND CANCELLATION OF ORDERS Sample Clauses

RECONFIGURATION, RESCHEDULING AND CANCELLATION OF ORDERS a) Upon written notice to Avici provided at least [CONFIDENTIAL TREATMENT REQUESTED]/*/ prior to the scheduled ship date, Customer may reconfigure any purchase order or reschedule the delivery of any Products scheduled for shipment by up to [CONFIDENTIAL TREATMENT REQUESTED]/*/ at no Charge. Acceptance of Customer's request to reconfigure or reschedule any delivery with less than such [CONFIDENTIAL TREATMENT REQUESTED]/*/ prior written notice to Avici shall be at the sole discretion of Avici; provided that, Avici shall use commercially reasonable efforts to accommodate any request by Customer to reschedule or reconfigure upon less than such [CONFIDENTIAL TREATMENT REQUESTED]/*/ notice. b) Upon at least [CONFIDENTIAL TREATMENT REQUESTED]/*/ written notice to Avici prior to the originally scheduled shipment date of Products ordered pursuant to written, accepted purchase orders under this Agreement, Customer may cancel any shipment date of the Products without charge. The following cancellation charges shall apply to any cancellations made by Customer less than [CONFIDENTIAL TREATMENT REQUESTED]/*/ prior to accepted shipment date as liquidated damages and not as a penalty and shall constitute Avici's exclusive remedy for cancellation and is based on the number of days prior to the accepted shipment date that written notice of cancellation is received by Avici: Days Notice Charge ----------- ------ ($ of canceled order) [CONFIDENTIAL TREATMENT REQUESTED]/*/ However, the amount of any purchase order cancelled under this Section 3.5 shall not reduce Customer's obligations in Sections 2.1 (Purchases) and 2.2 (Purchase Timing) of this Agreement.
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