Reflectometer Assembly Supply Sample Clauses

Reflectometer Assembly Supply. Following the Transaction Date, , Nanometrics shall sell Reflectometer Assemblies to Toho for use in FPD Film Thickness Measurement Systems on terms mutually agreeable to the parties. Such orders shall be made pursuant to Nanometrics’s customary supply arrangements. In addition, Nanometrics sale of the Reflectometer Assemblies to Toho shall be subject to the following terms: (i) Nanometrics shall continue to manufacture and sell the Reflectometer Assemblies for at least ten (10) years following the Transaction Date; (ii) during the Exclusivity Period, Nanometrics shall not sell any Reflectometer Assemblies specifically adapted to the surface metrology of FPD to any other person; and (iii) Toho will provide Nanometrics with a six (6) month lead time for supplying such Reflectometer Assemblies. The price payable by Toho to Nanometrics for such Reflectometer Assemblies will be $XXXX.00 (P/N XXXX) plus 5%, plus shipping and handling charges FOB Nanometrics, U.S. warehouse. Such prices may be increased in the future due to actual cost-increases charged by third-party component suppliers or due to increases in costs to Nanometrics. Nanometrics shall use commercially reasonable efforts to provide Toho with at least 90 days notice of any material changes in the specifications and design, the listed price or other material terms or condition of the Reflectometer Assemblies to be supplied by Nanometrics to Toho. The relevant warranty period shall be no less than 12 months.
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