Common use of SHIPPING INTERVAL Clause in Contracts

SHIPPING INTERVAL. The delivery schedule applicable to each purchase order will be agreed upon by Supplier and Company and set forth in the purchase order. (Note: Supplier has indicated that MATERIAL can usually be shipped an average of [*] after receipt of * Certain information on this page has been omitted and filed separately with the Commission. Confidential treatment has been requested with respect to the omitted portions. 22 Agreement No. SC11990054 Sheet 22 of 28 Company's purchase order; however, in no event shall the delivery interval [*] after acceptance of purchase order.) If Supplier exceeds the above maximum interval then in lieu of all other rights and remedies at law or equity or otherwise, and without any liability or obligation of Company, Company shall have the right to: (a) cancel such purchase order, or (b) extend such delivery date to a later date, subject, however, to the right to cancel as in (a) preceding if delivery is not made or performance is not completed on or before such extended delivery date. If Company elects to extend such delivery date, Supplier shall absorb the difference between the charges to ship normal transportation and the charges to ship premium overnight. If a purchase order is canceled by Company pursuant to the above, Company shall have the right to retain or return any or all MATERIAL received by or paid for by Company under such purchase order. Within [*] business days of Supplier's receipt of returned MATERIAL, Supplier shall reimburse Company for the costs of shipping the MATERIAL returned to Supplier and for any amounts, including shipping costs, previously paid by Company for the MATERIAL. Company shall pay for any MATERIAL if retains at the prices set forth in APPENDIX A, less applicable discounts which shall be applied on the basis of the quantity specified in the purchase order. If, during the course of this Agreement, Supplier determines that Supplier will no longer be able to ship within the above interval, Supplier shall immediately notify Company's buyer to that effect. Supplier shall also notify Company's buyer, as soon as it becomes apparent, if Supplier is unable to meet the delivery date for an order. However, nothing contained in this paragraph shall waive Company's rights as set forth above in this section.

SHIPPING INTERVAL. The delivery schedule applicable to each purchase order will be agreed upon by Supplier and Company and set forth in the purchase order. (Note: Supplier has indicated that MATERIAL can usually be shipped an average of [*] fifteen (15) business days after receipt of * Certain information on this page has been omitted and filed separately with the Commission. Confidential treatment has been requested with respect to the omitted portions. 22 Agreement No. SC11990054 Sheet 22 of 28 Company's purchase order; however, in no event shall the delivery interval [*] exceed forty-five (45) business days after acceptance receipt of purchase order.) If Supplier exceeds the above maximum interval then in lieu of addition to all other rights and remedies at law or equity or otherwise, and without any liability or obligation of Company, Company shall have the right to: (a) cancel such purchase order, or (b) extend such delivery date to a later date, subject, however, to the right to cancel as in (a) preceding if delivery is not made or performance is not completed on or before such extended delivery date. If Company elects to extend such delivery date, Supplier shall absorb the difference between the charges to ship normal transportation and the charges to ship premium overnight. If a purchase order is canceled by Company pursuant to the above, Company shall have the right to retain or return any or all MATERIAL received by or paid for by Company under such purchase order. Within [*] fifteen (15) business days of Supplier's receipt of returned MATERIAL, Supplier shall reimburse Company for the costs of shipping the MATERIAL returned to Supplier and for any amounts, including shipping costs, previously paid by Company for the MATERIAL. Company shall pay for any MATERIAL if retains at the prices set forth in APPENDIX Appendix A, less applicable discounts which shall be applied on the basis of the quantity specified in the purchase order. If, during the course of this Agreement, Supplier determines that Supplier will no longer be able to ship within the above interval, Supplier shall immediately notify Company's buyer to that effect. Supplier shall also notify Company's buyer, as soon as it becomes apparent, if Supplier is unable to meet the delivery date for an order. However, nothing contained in this paragraph shall waive Company's rights as set forth above in this section.

SHIPPING INTERVAL. The delivery schedule applicable to each purchase order will be agreed upon by Supplier and Company and set forth in the purchase order. (Note: If Supplier has indicated that MATERIAL can usually be shipped an average of [*] after receipt of * Certain information on this page has been omitted and filed separately with does not deliver by the Commission. Confidential treatment has been requested with respect to delivery date specified in the omitted portions. 22 Agreement No. SC11990054 Sheet 22 of 28 Company's applicable purchase order; however, in no event shall the delivery interval [*] after acceptance of purchase order.) If Supplier exceeds the above maximum interval then in lieu of addition to all other rights and remedies at law or equity or otherwise, and without any liability or obligation of Company, Company shall have the right to: (a) cancel such purchase orderorder following the expiration of a five (5) business day grace period, or (b) extend such delivery date to a later date, subject, however, to the right to cancel as in (a) preceding if delivery is not made or performance is not completed on or before such extended delivery date. If Company elects to extend such delivery date, Supplier shall absorb the difference between the charges to ship normal transportation and the charges to ship premium overnight. If a purchase order is canceled by Company pursuant to the above, Company shall have the right to retain or return any or all MATERIAL material received by or paid for by Company under such purchase order. Within [*] business fifteen (15) days of Supplier's receipt of returned MATERIALmaterial, Supplier shall reimburse Company for the reasonable costs of shipping the MATERIAL material returned to Supplier and for any amounts, including shipping costs, previously paid by Company for the MATERIALMaterial. Company shall pay for any MATERIAL if Material it retains at the prices set forth in APPENDIX Athe applicable Product Letters, less applicable discounts which shall be applied on the basis of the quantity specified in the purchase order. If, during the course of this Agreement, Supplier determines that Supplier will no longer be able to ship within the above interval, Supplier shall immediately notify Company's buyer to that effect. Supplier shall also notify Company's buyer, as soon as it becomes apparent, if Supplier is unable to meet the delivery date for an order. However, nothing contained in this paragraph shall waive Company's rights as set forth above in this sectionSection.

SHIPPING INTERVAL. The delivery schedule and interval applicable to each purchase order will be agreed upon by Supplier BroadBand and Company Lucent and set forth in the purchase order. (Note: Supplier has indicated that MATERIAL can usually be shipped an average of [*] after receipt of * Certain information on this page has been omitted and filed separately with . 9.1 If BroadBand exceeds the Commission. Confidential treatment has been requested with respect to the omitted portions. 22 Agreement No. SC11990054 Sheet 22 of 28 Company's purchase order; howeverdelivery intervals then, in no event shall the delivery interval [*] after acceptance of purchase order.) If Supplier exceeds the above maximum interval then in lieu of addition to all other rights and remedies at law or equity or otherwise, and without any liability or obligation of CompanyLucent, Company Lucent shall have the right to: (a) cancel such purchase order, order with regard to the affected Material following the expiration of a five (5) business day grace period or (b) extend such delivery date to a later date, subject, however, to the right to cancel as in (a) preceding if delivery is not made or performance is not completed on or before such extended delivery date. If Company Lucent elects to extend such delivery date, Supplier BroadBand shall absorb the difference between the charges to ship via normal transportation and the charges to ship premium overnight. The grace period will be extended by the amount of any delay caused by delay in BroadBand receiving parts, information or services from Lucent or any of its affiliates that Lucent has agreed to provide under the relevant Product Letter or other writing executed by Lucent. 9.2 If a purchase order is canceled by Company Lucent pursuant to the above, Company Lucent shall have the right to retain or return any or all MATERIAL Material received by or paid for by Company Lucent under such purchase order. Within [*] business fifteen (15) days of SupplierBroadBand's receipt of returned MATERIALMaterial, Supplier BroadBand shall reimburse Company Lucent for the costs of shipping the MATERIAL Material returned to Supplier BroadBand and for any amounts, including shipping costs, previously paid by Company Lucent for the MATERIALMaterial. Company Lucent shall pay for any MATERIAL if Material it retains at the prices set forth in APPENDIX A, less applicable discounts which shall be applied on the basis of the quantity specified in the purchase orderorder or a Product Letter. Lucent shall receive credit for the Manufacturing Absorption Rate associated with canceled orders. 9.3 If, during the course of this Agreement, Supplier BroadBand determines that Supplier BroadBand will no longer be able to ship within the above agreed interval, Supplier BroadBand shall immediately notify CompanyLucent's buyer to that effect. Supplier BroadBand shall also notify CompanyLucent's buyer, as soon as it becomes apparent, if Supplier BroadBand is unable to meet the delivery date for an order. However, nothing contained in this paragraph shall waive Company's rights as set forth above in this section.

SHIPPING INTERVAL. The delivery schedule applicable to each purchase order will be agreed upon by Supplier and Company and set forth in the purchase order. (Note: Supplier has indicated that MATERIAL can usually be shipped an average of [***] after receipt of * Certain information on this page has been omitted and filed separately with the Commission. Confidential treatment has been requested with respect to the omitted portions. 22 Agreement No. SC11990054 Sheet 22 of 28 Company's purchase orderorder for forecasted demand; however, in no event shall the delivery interval exceed [***] after acceptance receipt of purchase order.) , even when Company has not provided a forecast). If Supplier exceeds the above maximum interval then in lieu of addition to all other rights and remedies at law or equity or otherwise, and without any liability or obligation of Company, Company shall have the right to: (a) cancel such purchase order, or (b) extend such delivery date to a later date, subject, however, to the right to cancel as in (a) preceding if ------------ *** Certain information on this page has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions. 25 25 delivery is not made or performance is not completed on or before such extended delivery date. If Company elects to extend such delivery date, Supplier shall absorb the difference between the charges to ship normal transportation and the charges to ship premium overnight. If a purchase order is canceled by Company pursuant to the above, Company shall have the right to retain or return any or all MATERIAL received by or paid for by Company under such purchase order. Within [*] fifteen (15) business days of Supplier's receipt of returned MATERIAL, Supplier shall reimburse Company for the costs of shipping the MATERIAL returned to Supplier and for any amounts, including shipping costs, previously paid by Company for the MATERIAL. Company shall pay for any MATERIAL if it retains at the prices set forth in APPENDIX A, less applicable discounts which shall be applied on the basis of the quantity specified in the purchase order. If, during the course of this Agreement, Supplier determines that Supplier will no longer be able to ship within the above interval, Supplier shall immediately notify Company's buyer to that effect. Supplier shall also notify Company's buyer, as soon as it becomes apparent, if Supplier is unable to meet the delivery date for an order. However, nothing contained in this paragraph shall waive Company's rights as set forth above in this section.

SHIPPING INTERVAL. The delivery schedule applicable to each purchase order will be agreed upon by Supplier and Company and set forth in the purchase order. (Note: Supplier has indicated that MATERIAL can usually be shipped an average of [*] * * * after receipt of * Certain information on this page has been omitted and filed separately with the Commission. Confidential treatment has been requested with respect to the omitted portions. 22 Agreement No. SC11990054 Sheet 22 of 28 Company's purchase order; however, in no event shall the delivery interval [*] * * * after acceptance of purchase order.) If Supplier exceeds the above maximum interval then in lieu of all other rights and remedies at law or equity or otherwise, and without any liability or obligation of Company, Company shall have the right to: (a) cancel such purchase order, or (b) extend such delivery date to a later date, subject, however, to the right to cancel as in (a) preceding if delivery is not made or performance is not completed on or before such extended delivery date. If Company elects to extend such delivery date, Supplier shall absorb the difference between the charges to ship normal transportation and the charges to ship premium overnight. If a purchase order is canceled by Company pursuant to the above, Company shall have the right to retain or return any or all MATERIAL received by or paid for by Company under such purchase order. Within [*] * * * business days of Supplier's receipt of returned MATERIAL, Supplier shall reimburse Company for the costs of shipping the MATERIAL returned to Supplier and for any amounts, including shipping costs, previously paid by Company for the MATERIAL. Company shall pay for any MATERIAL if retains at the prices set forth in APPENDIX A, less applicable discounts which shall be applied on the basis of the quantity specified in the purchase order. If, during the course of this Agreement, Supplier determines that Supplier will no longer be able to ship within the above interval, Supplier shall immediately notify Company's buyer to that effect. Supplier shall also notify Company's buyer, as soon as it becomes apparent, if Supplier is unable to meet the delivery date for an order. However, nothing contained in this paragraph shall waive Company's rights as set forth above in this section.