Common use of Specification Testing and Compliance Clause in Contracts

Specification Testing and Compliance. TSMC will produce Contract Wafers for Company that meet the Product Specifications and any other quality requirements defined in the Product Supplement. In that regard: (a) Foundry shall conduct Wafer sorting according to testing procedures and using test equipment mutually agreed by the Parties, or as specifically provided in a Product Supplement. Foundry must have sufficient testing capability to handle Contract Wafers sorting requirements, including the provision of engineering analysis of test Wafers sufficient to (i) identify potential product issues at the earliest possible stage and (ii) make necessary adjustments to Contract Wafers or Company Product. (b) After Wafer completion, Foundry shall conduct testing in accordance with the Product Specifications (“Verification Test Program”), and inspect and confirm that the Contract Wafer are free of defects in materials and workmanship, and conform to the applicable Product Specifications. Foundry shall neither ship nor xxxx Company for any Contract Wafer that, to Foundry’s knowledge, fails to meet the Minimum Yield and Quality and Reliability Standards unless specifically instructed in writing by Company to do so. Foundry may notify Company of any Contract Wafer that is below the Minimum Yield, and Company may, at its discretion, agree to accept delivery of such Wafer at a mutually agreed upon price. Foundry must notify Company in advance of shipment of those Contract Wafers that do not comply with the foregoing criteria. (c) If TSMC detects any significant wafer fabrication related defects in any Contract Wafers, TSMC will assist in the failure analysis, and provide a commercially reasonable efforts corrective action plan to correct the failure mechanisms and/or defects. Company may review TSMC’s quality measurement and control systems upon reasonable request. (d) From time to time Company may desire to update, revise or modify Product Specifications for Contract Wafers. TSMC will use commercially reasonable efforts to implement all revisions, updates, or modifications as soon as practicable, and at a reasonable cost. If such changes impact Contract Wafer Yield, the Parties shall re-set Target Yields using the same procedure as initially used. TSMC will advise Company of any cost and schedule impact, and the date and lot number of implementation of the revision, update or modification. (e) Results from TSMC testing processes will be accessible and available to Company for review and download to Company records. These records must be available at the conclusion of each test lot and must conform to the summary structure defined by agreement between Foundry and Company. (f) With respect to each Company Product, the Verification Test Program, control for evaluation release and update must be in place at Foundry as agreed with Company.

Appears in 3 contracts

Samples: Master Semiconductor Foundry and Technology Transfer Agreement, Master Semiconductor Foundry and Technology Transfer Agreement (Spansion Inc.), Master Semiconductor Foundry and Technology Transfer Agreement (Spansion Inc.)

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Specification Testing and Compliance. TSMC SMIC will produce Contract Wafers for Company Spansion that meet the Product Specifications and any other quality requirements defined in the applicable Product Supplement. In that regard: (a) Foundry shall conduct Wafer sorting according to testing procedures and using test equipment mutually agreed by the Parties, or as specifically provided in a Product Supplement. Foundry must have sufficient testing capability to handle Contract Wafers sorting requirements, including the provision of engineering analysis of test Wafers sufficient to (i) identify potential product issues at the earliest possible stage and (ii) make necessary adjustments to Contract Wafers or Company Product. (b) After Wafer completion, Foundry SMIC shall conduct testing in accordance with the applicable Product Specifications (“Verification Test Program”)Supplement, and inspect and confirm that the Contract Wafer Wafers are free of defects in materials and workmanship, and conform to the applicable Product Specifications. Foundry SMIC shall neither ship nor xxxx Company Spansion for any Contract Wafer that, to FoundrySMIC’s knowledge, fails to meet the Minimum Yield and Quality and Reliability Standards applicable thereto unless specifically instructed in writing by Company Spansion to do so. Foundry may SMIC shall notify Company Spansion at the earliest possible time of any Contract Wafer that is below the Minimum Yield, and Company may, at its discretion, agree Yield or otherwise fails to accept delivery of such Wafer at a mutually agreed upon pricemeet the applicable quality standards. Foundry SMIC must notify Company Spansion in advance of shipment of those any Contract Wafers that do not comply with the foregoing criteriarequirements of the applicable Product Supplement, including without limitation the Product Specifications. (cb) If TSMC Notwithstanding Section 5.4 (Epidemic Failure Event), below, if SMIC detects any significant wafer Wafer fabrication related defects in any Contract Wafers, TSMC SMIC will assist in perform failure analysis and provide to Spansion both the results of the failure analysis, analysis and provide a commercially reasonable efforts corrective action plan to correct the failure mechanisms and/or defectsdefects detected. Company may review TSMC’s quality measurement Spansion will assist SMIC with failure analysis and control systems upon reasonable requestthe drafting of a corrective action plan. (dc) From time to time Company Spansion may desire to update, revise or modify Product Specifications for Contract Wafers. TSMC SMIC will use commercially reasonable efforts to implement all revisions, updates, or modifications as soon as practicable, and at a reasonable cost. If such changes impact Contract Wafer Yield, the Parties shall re-set Target Yields using the same procedure as initially used. TSMC SMIC will advise Company Spansion of any cost and schedule impact, and the date and lot number of implementation of the revision, update or modification. (ed) Results from TSMC SMIC testing processes will be accessible and available to Company Spansion for review and download to Company Spansion records. These records must be available at the conclusion of each test lot Lot and must conform to the summary structure defined by agreement as agreed between Foundry SMIC and CompanySpansion. (fe) With respect Spansion shall have the right to each Company Product, the Verification Test Program, control for evaluation release limit and update must be in place at Foundry as agreed with Companyapprove substrate and material suppliers.

Appears in 2 contracts

Samples: Foundry Agreement, Foundry Agreement (Spansion Inc.)

Specification Testing and Compliance. TSMC AMPTECH will produce Contract Wafers for Company WJ that meet the Product Specifications and any other quality requirements defined in the Product SupplementSpecifications. In that regard: (a) Foundry AMPTECH shall conduct Wafer sorting in line process monitoring according to testing procedures and using use test equipment mutually agreed by the Parties, or as specifically provided in a Product Supplementreasonably acceptable to WJ. Foundry AMPTECH must have sufficient testing capability to handle Contract Wafers sorting testing requirements, including the provision of engineering analysis of test Wafers sufficient to (i) identify potential product issues (i.e. any failure to fully meet Specifications or achieve Minimum Yields) at the earliest possible stage and (ii) make necessary adjustments to Contract Wafers or Company Productthe Wafers. (b) After Wafer completion, Foundry AMPTECH shall conduct testing in accordance with the Product Specifications (“Verification PCM Test Program”), and inspect and confirm that the Contract Wafer are free of defects in materials and workmanship, and Wafers conform to the applicable Product Specifications. Foundry AMPTECH shall neither ship nor xxxx Company WJ for any Contract Wafer that, that to Foundry’s knowledge, the Knowledge of AMPTECH fails to meet the Minimum Yield PCM Test requirements and the Quality and Reliability Standards unless specifically instructed in writing by Company WJ to do so. Foundry may AMPTECH shall notify Company WJ of any Contract Wafer that is below the Minimum YieldPCM Test requirements, and Company WJ may, at its discretion, agree to accept delivery of such Wafer at a mutually agreed upon price. Foundry AMPTECH must notify Company WJ in advance of shipment of those Contract Wafers that do not comply with the foregoing criteria. (c) If TSMC AMPTECH or WJ detects any significant wafer fabrication related defects in any Contract Wafers, TSMC will assist in the failure analysis, and AMPTECH shall promptly provide WJ with a commercially reasonable efforts corrective action plan to correct the failure mechanisms and/or defects. Company WJ may review TSMCAMPTECH’s quality measurement and control systems upon at any time, and AMPTECH shall comply with all commercially reasonable requestrecommendations made by WJ as a result of any such review. (d) From time to time Company WJ may desire to update, revise revise, or modify Product the Specifications for Contract the Wafers. TSMC If AMPTECH and WJ mutually agree on the updates, revisions, and/or modifications, then AMPTECH will use commercially reasonable efforts to implement all revisions, updates, or modifications as soon as practicable, and at a reasonable cost. If such changes impact Contract Wafer Yield, the Parties shall re-set Target Yields using the same procedure as initially usedused by WJ. TSMC will AMPTECH shall advise Company WJ of any cost and schedule impact, and the date and lot Lot number of implementation of the revision, update update, or modification, all of which shall be subject to WJ’s written approval. Any requalification required as a result of the revisions, updates, or modifications will be the responsibility of WJ. (e) Results The results from TSMC AMPTECH testing processes will shall be accessible and available to Company WJ for review and download to Company records. These WJ records must be available at the conclusion of each test lot and must conform to the summary structure defined by agreement between Foundry and CompanyLot. (f) With respect to each Company Product, the Verification Test Program, control for evaluation release and update must be in place at Foundry as agreed with Company.

Appears in 1 contract

Samples: Wafer Manufacturing and Supply Agreement (Wj Communications Inc)

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Specification Testing and Compliance. TSMC GCS will produce Contract Wafers for Company WJ that meet the Product Specifications and any other quality requirements defined in the Product SupplementSpecifications. In that regard: (a) Foundry GCS shall conduct Wafer sorting in line process monitoring according to testing procedures and using use test equipment mutually agreed by the Parties, or as specifically provided in a Product Supplementreasonably acceptable to WJ. Foundry GCS must have sufficient testing capability to handle Contract Wafers sorting testing requirements, including the provision of engineering analysis of test Wafers sufficient to (i) identify potential product issues (i.e. any failure to fully meet Specifications or achieve Minimum Yields) at the earliest possible stage and (ii) make necessary adjustments to Contract Wafers or Company Productthe Wafers. (b) After Wafer completion, Foundry GCS shall conduct testing in accordance with the Product Specifications (“Verification Test Program”), and inspect and confirm that the Contract Wafer are free of defects in materials and workmanship, and Wafers conform to the applicable Product Specifications. Foundry GCS shall neither ship nor xxxx Company WJ for any Contract Wafer that, that to Foundry’s knowledge, the Knowledge of GCS fails to meet the Minimum Yield and Quality and Reliability Standards unless specifically instructed in writing by Company WJ to do so. Foundry may GCS shall notify Company WJ of any Contract Wafer that is below the Minimum Yield, and Company WJ may, at its discretion, agree to accept delivery of such Wafer at a mutually agreed upon price. Foundry GCS must notify Company WJ in advance of shipment of those Contract Wafers that do not comply with the foregoing criteria. (c) If TSMC GCS or WJ detects any significant wafer fabrication related defects in any Contract Wafers, TSMC will assist in the failure analysis, and GCS shall provide WJ with a commercially reasonable efforts corrective action plan to correct the failure mechanisms and/or defects. Company WJ may review TSMCGCS’s quality measurement and control systems upon reasonable requestat any time. (d) From time to time Company WJ may desire to update, revise or modify Product the Specifications for Contract the Wafers. TSMC GCS will use commercially reasonable efforts to implement all revisions, updates, or modifications as soon as practicable, and at a reasonable cost. If such changes impact Contract Wafer Yield, the Parties shall re-set Target Yields using the same procedure as initially usedused by WJ. TSMC will GCS shall advise Company WJ of any cost and schedule impact, and the date and lot number of implementation of the revision, update or modification, all of which shall be subject to WJ’s written approval. Any requalification required as a result of the revisions, updates, or modifications will be the responsibility of WJ. (e) Results The results from TSMC GCS testing processes will shall be accessible and available to Company WJ for review and download to Company records. These WJ records must be available at the conclusion of each test lot and must conform to the summary structure defined by agreement between Foundry and Companylot. (f) With respect to each Company Product, the Verification Test Program, control for evaluation release and update must be in place at Foundry as agreed with Company.

Appears in 1 contract

Samples: Wafer Manufacturing and Supply Agreement (Wj Communications Inc)

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