Shipment Date Change Requests. Conergy may request to delay or pull in shipment of an individual delivery or any part thereof upon written notice to MEMC, subject to the following conditions: (i) Unless agreed to by MEMC, the shipment date change request notice must be received by MEMC at least ninety (90) days prior to the scheduled shipment date; and (ii) If the shipment date change request notice is a delay request (a push out of requested delivery date), Conergy must commit to nonetheless purchase the delayed Wafers no later than the end of the Contract Year in which such shipment was originally scheduled by MEMC; and (iii) MEMC must agree to such request in writing; and (iv) In the event of an accepted shipment date change request, Conergy shall accept delivery of and pay for Wafers already manufactured or in the process of manufacture for such accepted purchase order at the time the shipment date change request notice is received by MEMC.
Appears in 2 contracts
Samples: Solar Wafer Supply Agreement, Solar Wafer Supply Agreement (Memc Electronic Materials Inc)
Shipment Date Change Requests. Conergy Tainergy may request to delay or pull in shipment of an individual delivery or any part thereof upon written notice to MEMC, subject to the following conditions:
(i) Unless agreed to by MEMC, the shipment date change request notice must be received by MEMC at least ninety (90) days prior to the scheduled shipment date; and
(ii) If the shipment date change request notice is a delay request (a push out of requested delivery date), Conergy Tainergy must commit to nonetheless purchase the delayed Wafers no later than the end of the Contract Year in which such shipment was originally scheduled by MEMC; and
(iii) MEMC must agree to such request in writing; and
(iv) In the event of an accepted shipment date change request, Conergy Tainergy shall accept delivery of and pay for Wafers already manufactured or in the process of manufacture for such accepted purchase order at the time the shipment date change request notice is received by MEMC.
Appears in 1 contract
Samples: Solar Wafer Supply Agreement (Memc Electronic Materials Inc)
Shipment Date Change Requests. Conergy Suntech may request to delay or pull in shipment of an individual delivery or any part thereof upon written notice to MEMC, subject to the following conditions:
(i) Unless agreed to by MEMC, the shipment date change request notice must be received by MEMC at least ninety (90) days prior to the scheduled shipment date; and
(ii) If the shipment date change request notice is a delay request (a push out of requested delivery date), Conergy Suntech must commit to nonetheless purchase the delayed Wafers no later than the end of the Contract Year in which such shipment was originally scheduled by MEMC; and
(iii) MEMC must agree to such request in writing; and
(iv) In the event of an accepted shipment date change request, Conergy Suntech shall accept delivery of and pay for Wafers already manufactured or in the process of manufacture for such accepted purchase order at the time the shipment date change request notice is received by MEMC.
Appears in 1 contract
Samples: Solar Wafer Supply Agreement (Memc Electronic Materials Inc)
Shipment Date Change Requests. Conergy Gintech may request to delay or pull in shipment of an individual delivery or any part thereof upon written notice to MEMC, subject to the following conditions:
(i) Unless agreed to by MEMC, the shipment date change request notice must be received by MEMC at least ninety (90) days prior to the scheduled shipment date; and
(ii) If the shipment date change request notice is a delay request (a push out of requested delivery date), Conergy Gintech must commit to nonetheless purchase the delayed Wafers no later than the end of the Contract Year in which such shipment was originally scheduled by MEMC; and
(iii) MEMC must agree to such request in writing; and
(iv) In the event of an accepted shipment date change request, Conergy Gintech shall accept delivery of and pay for Wafers already manufactured or in the process of manufacture for such accepted purchase order at the time the shipment date change request notice is received by MEMC.
Appears in 1 contract
Samples: Solar Wafer Supply Agreement (Memc Electronic Materials Inc)