Common use of Reliability Records and Data Clause in Contracts

Reliability Records and Data. Without limitation of any requirements in the Quality and Reliability Standards, Foundry agrees to provide the following information relating to the quality or reliability of the Contract Wafers and the quality systems used to comply with these standards and specifications. (a) TSMC will maintain Lot history records for a period of five (5) years. At the conclusion of the five year period TSMC will transfer Lot history records to Company. All Lot history records are the property of TSMC but will be considered Confidential Information of both Company and TSMC. Company will have access to all Lot history records concerning all Company Contract Wafers at any reasonable time. (b) TSMC agrees to provide reliability data which demonstrates the ability of the processes used for all Contract Wafers to meet Company’s reliability criteria. Any exceptions to these criteria will be reviewed on a product-by-product basis. Company shall have the right to use reliability data concerning Contract Wafers for the purposes of preparing sales and promotional information concerning Contract Wafers for Company’s customers, provided however that such reliability data will be transmitted subject to a non-disclosure agreement having terms and conditions no less restrictive than those in the non-disclosure agreement between the Parties. Foundry’s reliability testing methods and conditions shall be subject to the review of Company, and may be changed upon mutual agreement based on Company’s request. (c) Subject to the conditions set out in section 6.1 below, and Foundry’s reasonable security and confidentiality requirements, Company may conduct an on-site inspection and audit of the process and manufacturing records relevant to Contract Wafers upon reasonable advance notice of at least three (3) weeks to Foundry. The audits will occur no more often than annually, unless there is specific cause for an inspection or audit. (d) Foundry agrees to maintain sufficient documentation regarding all Contract Wafers sold to Company for five (5) years after shipment. All Contract Wafers shall be traceable to an assigned wafer lot number. Lot traceability for Contract Wafers shall be maintained throughout the entire process of from fabrication through verification testing, packing and shipment. Traceability and full history for Contract Wafers shall include applicable wafer fabrication process recipes, substrate vendor identification and lot number, quality control data, process deviation notes and probe data as well as assembly records and deviations, verification test results, visual inspection results, burn-in conditions, final test data, and finished goods top side date codes. Company shall have the right to limit and approve substrate and material suppliers.

Reliability Records and Data. Without limitation of any requirements in the Quality and Reliability Standards, Foundry SMIC agrees to provide the following information relating to the quality or reliability of the Contract Wafers and the quality systems used to comply with these the required standards and specifications. (a) TSMC SMIC will maintain Lot history records for all Lots during the Term and for a period of five (5) yearsyears from the termination or expiration of the Agreement. At the conclusion of the five (5) year period TSMC period, SMIC will transfer such Lot history records to CompanySpansion. All Lot history records are the property of TSMC but Spansion and will be considered Confidential Information of both Company and TSMCSpansion. Company SMIC will have provide Spansion with access to all Lot history records, upon reasonable notice to SMIC, both during the Term and after until the Lot history records concerning all Company Contract Wafers at any reasonable timeare transferred to Spansion. (b) TSMC SMIC agrees to provide reliability data which demonstrates the ability of the processes used for all Contract Wafers to meet CompanySpansion’s reliability criteria. Any exceptions to these criteria will be reviewed on a product-by-product basis. Company Spansion shall have the right to use reliability data concerning Contract Wafers for the purposes of preparing sales and promotional information concerning Contract Wafers for CompanySpansion’s customers, provided however that such reliability data will be transmitted subject to a non-disclosure agreement having terms and conditions no less restrictive than those terms with respect to Confidentiality in the non-disclosure agreement this Agreement between the Parties. FoundrySMIC’s reliability testing methods and conditions shall be subject to the review of CompanySpansion, and may shall be changed upon mutual agreement based on CompanySpansion’s request. (c) Subject to the conditions set out in section 6.1 below, and Foundry’s reasonable security and confidentiality requirements, Company may conduct an on-site inspection and audit of the process and manufacturing records relevant to Contract Wafers upon reasonable advance notice of at least three (3) weeks to Foundry. The audits will occur no more often than annually, unless there is specific cause for an inspection or audit. (d) Foundry SMIC agrees to maintain sufficient documentation regarding all Contract Wafers sold to Company Spansion for five (5) years after shipment. All Contract Wafers shall be traceable to an a unique Lot number assigned wafer lot numberby SMIC. Lot traceability for Contract Wafers shall be maintained throughout the entire process of from fabrication through verification testing, packing and shipment. Traceability and full history for Contract Wafers shall include applicable wafer fabrication process recipes, substrate vendor identification and lot number, quality control data, process deviation notes and probe data as well as assembly records and deviations, verification test results, visual inspection results, burn-in conditions, final test data, and finished goods top side date codes. Company shall . (d) Subject to the conditions set out in Section 6.1 below, and SMIC’s reasonable security and confidentiality requirements, (i) Spansion may conduct an on-site inspection and audit of the process and manufacturing records relevant to Contract Wafers, provided that the audits will occur no more often than twice annually, unless Spansion has a reasonable belief that additional inspections or audits are necessary and (ii) upon prior notice to SMIC and with SMIC’s consent, not to be unreasonably withheld, Spansion may bring a Spansion customers to conduct an on-site visit and inspection of the Facilities and applicable process and manufacturing records relevant to Contract Wafers provided Spansion and its customers have the right to limit and approve substrate and material suppliersexecuted a non-disclosure agreement relating thereto.

Reliability Records and Data. Without limitation of any requirements in the Quality and Reliability Standards, Foundry TSMC agrees to provide the following information relating to the quality or reliability of the Contract Wafers and the quality systems used to comply with these the required standards and specifications.: (a) TSMC will maintain Lot history records for all Lots during the term of this Agreement and for a period of five (5) yearsyears from the termination of this Agreement. At the conclusion of the five year period TSMC will transfer Lot history records to Company. All Lot history records are the property of TSMC but will be considered Confidential Information of both Company and TSMC. Company will have provide IDT with access to all Lot history records, upon reasonable notice to TSMC, both during and after the term of this Agreement, and if mutually agreed in writing, TSMC will transfer all Lot history records concerning all Company Contract Wafers at any reasonable timeto IDT. (b) TSMC agrees to provide reasonable reliability data which demonstrates the ability of the processes Qualified Processes used for all Contract Wafers to meet Company’s the agreed-upon reliability criteriacriteria set forth in the applicable Specifications. Any exceptions to these criteria will be reviewed on a productProduct-by-product Product basis. Company IDT shall have the right to use reliability data concerning Contract the Wafers for the purposes of preparing sales and promotional information concerning Contract the Wafers for CompanyIDT’s customers, provided however that such reliability data will be transmitted subject to a non-disclosure agreement having terms and conditions no less restrictive than those terms with respect to confidentiality in the non-disclosure agreement between the Partiesthis Agreement. FoundryTSMC’s reliability testing methods and conditions shall be subject to the review of CompanyIDT, and may shall be changed upon mutual agreement based on Company’s requestas mutually agreed in writing. (c) TSMC agrees to maintain sufficient documentation regarding all Wafers sold to IDT for five (5) years after the applicable shipment. All Wafers shall be traceable to a unique Lot number assigned by TSMC. Lot traceability for Wafers shall be maintained throughout the entire process from fabrication through verification testing, packing and shipment. Traceability and full history for Wafers shall include substrate vendor identification and lot number, quality control data, and process deviation notes. (d) Subject to the conditions set out in section 6.1 below, and FoundryTSMC’s reasonable security security, confidentiality and confidentiality personal conduct requirements, Company on at least seven (7) days prior written notice and the schedules and agenda as mutually agreed upon by the parties in writing, IDT may conduct an on-site inspection and audit of the process and manufacturing records relevant to Contract Wafers upon reasonable advance notice of at least three (3) weeks to Foundry. The the Wafers, provided that the audits will occur no more often than twice annually. Upon prior notice to TSMC of at least thirty (30) days and with TSMC’s prior consent, unless there is specific cause for an such consent not to be unreasonably withheld, IDT may bring IDT customers to conduct on-site visits and inspection or auditof the TSMC Facilities and applicable process and manufacturing records relevant to the Wafers, provided IDT and its customers have executed a non-disclosure agreement relating thereto with TSMC. (d) Foundry agrees to maintain sufficient documentation regarding all Contract Wafers sold to Company for five (5) years after shipment. All Contract Wafers shall be traceable to an assigned wafer lot number. Lot traceability for Contract Wafers shall be maintained throughout the entire process of from fabrication through verification testing, packing and shipment. Traceability and full history for Contract Wafers shall include applicable wafer fabrication process recipes, substrate vendor identification and lot number, quality control data, process deviation notes and probe data as well as assembly records and deviations, verification test results, visual inspection results, burn-in conditions, final test data, and finished goods top side date codes. Company shall have the right to limit and approve substrate and material suppliers.

Reliability Records and Data. Without limitation of any requirements in the Quality and Reliability Standards, Foundry AMPTECH agrees to provide the following information relating to the quality or reliability of the Contract Wafers and the quality systems used to comply with these standards and specifications. (a) TSMC AMPTECH will maintain Lot history records for a period of five (5) years. At the conclusion of the five year period TSMC will transfer Lot history records to Company. All Lot history records are the property of TSMC but will be considered Confidential Information of both Company and TSMC. Company will WJ shall have access to all Lot history records concerning all Company Contract Wafers at any reasonable time. (b) TSMC AMPTECH agrees to provide reliability data which demonstrates the ability of mutually agree on updates, revisions, and/or modifications to the processes Process used for all Contract Wafers to meet CompanyWJ’s reliability criteria. Quality and Reliability Standards as set forth in Appendix E. Any exceptions to these criteria will be reviewed on a product-by-product basis. Company WJ shall have the right to use reliability data concerning Contract Wafers for the purposes of preparing sales and promotional information concerning Contract Wafers for Company’s customers, provided however that such reliability data will be transmitted subject to a non-disclosure agreement having terms and conditions no less restrictive than those in the non-disclosure agreement between the PartiesWafers. FoundryAMPTECH’s reliability testing methods and conditions shall be subject to the review of CompanyWJ, and may shall be changed upon mutual agreement based on CompanyWJ’s request, and agreed to by AMPTECH, such agreement not to be unreasonably withheld. (c) Subject to the conditions set out in section 6.1 below, and Foundry’s reasonable security and confidentiality requirements, Company WJ may conduct an on-site inspection and audit of the process and manufacturing records relevant to Contract the Wafers during normal business hours upon reasonable twenty four (24) hours advance notice of at least three (3) weeks to FoundryAMPTECH. The audits will occur no more often than annually, unless there is specific cause for an Any inspection or auditaudit will be conducted at WJ’s sole expense. (d) Foundry AMPTECH agrees to maintain sufficient documentation regarding all Contract Wafers sold to Company WJ for five (5) years after shipment. All Contract Wafers shall be traceable to an the assigned wafer lot numberLot. Lot traceability for Contract Wafers shall be maintained throughout the entire process of from fabrication through verification testing, packing packing, and shipment. Traceability and full history for Contract Wafers shall include applicable wafer fabrication process recipes, substrate vendor identification and lot Lot number, quality control data, process Process deviation notes and probe data as well as assembly records and deviations, verification test results, visual inspection results, burn-in conditions, and final test data, and finished goods top side date codes. Company WJ shall have the right to limit and approve substrate and other materials suppliers. Supplier approval will not be unreasonably withheld, and rejection must be based on objective documented criteria showing how the substrate and material supplierssuppliers will cause AMPTECH to fail to meet the Specifications.