Supplier Compensation. (a) Microsoft’s payment of Fees
Supplier Compensation. Following termination of the Agreement or Purchase Order(s) by Rio Tinto pursuant to this Article 34, Supplier is entitled to recover from the Relevant Company in respect of each terminated Purchase Order payment for all Products and Services supplied prior to termination, all reasonable out-of-pocket expenses which Supplier has incurred or will incur solely as a result of the termination of the Purchase Order and which it is unable to otherwise recover or mitigate, including as a result of (if applicable):
Supplier Compensation. 7.1 (a) The price for a unit of Product (individually, a “Price” and collectively, the “Prices”) manufactured by Supplier and/or its Affiliates for Company under this Agreement as of the date of this Agreement shall be calculated in accordance with the Manufacturer Per Unit Pricing Formula set out in Attachment D and by using the applicable Manufacturer Per Unit Pricing Formula Rates set out in the applicable Attachment G. Except as set forth in this Agreement or as otherwise agreed by the Parties, Prices include inbound freight charges associated with the transport of Material to Supplier. Notwithstanding the foregoing, if filter bodies necessary for the production of Products or Commercially Purchased Items are sourced from a vendor’s premises that is located in a different continent than Supplier’s premises where such Products are made or held for distribution, and if Company authorizes transportation by air, the total cost of transport in such case, including the cost of the air transport, shall be deemed a Premium Expedited Service subject to payment by Company as set out in Article 7.3. For the avoidance of doubt, there shall be credited against such costs the amount that has been included in the Price to account for normal transportation.
Supplier Compensation. In consideration for the Services rendered and costs incurred by Supplier in performing the Services, Owner shall pay to Supplier: (i) an amount equal to the number of manhours expended by the Supplier's O&M Manager and other appropriate personnel of Supplier and/or its Affiliates for activities under this Agreement (rounded to the nearest quarter of an hour) related to current operations of the Facilities multiplied by the hourly rates set forth on Exhibit B (which rates each shall escalate on the first day of each calendar year during the term hereof by an amount which is 3% of the rate applicable during the prior calendar year); (ii) all reasonable amounts expended by Supplier for third party consultants and other costs incurred in the performance of the Services, supported by adequate documentation of such expenditures; (iii) transportation, travel, hotel and living expenses, including the use of Supplier employees' personal cars at Supplier's current standard rates; (iv) all reasonable moving, relocation, travel and living expenses incurred in connection with the assignment of Supplier's personnel to a location other than Supplier's permanent offices and from such location at the conclusion of the assignment; (v) miscellaneous expenses, including but not limited to, telegrams, telex, facsimile, telephone services, postage and similar miscellaneous items incurred in connection with the Services, all at Supplier's current standard rates; (vi) any fees, costs, damages, or disbursements incurred in connection with any labor, patent, or commercial litigation or any third party claim, suit or cause of action, arising out of or in connection with the performance of the Services by Supplier (except disputes between Supplier and Owner), or claims, suits or causes of action pursued on behalf of Owner by Supplier; and (vii) any sales, use or similar taxes or fees imposed by any federal, state, or municipal law, regulation or agency.
Supplier Compensation. 6.1 The parties acknowledge that the price paid by Company and its Affiliates to Supplier and its Affiliates for the Existing Mobility Products during the period commencing on the Effective Date to and including the date hereof, were determined based on the prices set out in Attachment B (the “Initial Prices”), as reduced by the percentages specified below for the applicable Price Reduction Periods (as defined below). Company represents to Supplier that the Initial Price for each Product as set forth in Attachment B is the same as the price paid by Company to a third party manufacturer for such Product immediately prior to the Effective Date. Subject to Articles 6.2, 6.3 and 6.4, commencing on October 1, 2005, and for each period referred to in the table below (each, a “Price Reduction Period”), the then current prices for Mobility Products (including, for certainty, Existing Products, Successor Products and New Products introduced after the date hereof) shall be reduced by the percentage specified below, in each case with effect as of the effective date set out below: *** Portions of this page have been omitted pursuant to a Request for Confidential Treatment filed separately with the Securities and Exchange Commission. Contract No. WR71050115 [ *** ] For purposes of this Article 6.1, the percentages in the table above in the column entitled “UMTS” apply to Products identified as “UMTS” in Attachment B, together with their Successor Products, and the percentages in the table above in the column entitled “AMPS” apply to all other Mobility Products, including, for certainty, switching packs. The parties shall mutually agree on the Products to be defined as UMTS on or prior to December 15, 2005.
Supplier Compensation. 4.1 For Products it is manufacturing as of the Effective Date, Supplier agrees to reduce the price in effect as of the Effective Date by [ *** ] and [ *** ]. Supplier shall propose, for Company’s approval, a financially neutral solution to establish a calendar quarter schedule for the quarter over quarter (QoQ) price reductions. After the price reductions stated above have taken place, Supplier agrees to provide subsequent QoQ price reductions of at least [ *** ] per quarter for the following four quarters and [ *** ] per quarter for the remaining quarters of the Initial Term. All Product price reductions are net of any amounts that the parties have agreed shall be amortized in the price of any Product. *** Portions of this page have been omitted pursuant to a Request for Confidential Treatment filed separately with the Securities and Exchange Commission. LUCENT TECHNOLOGIES AND SOLECTRON CORPORATION PROPRIETARY
Supplier Compensation. Supplier will follow Company’s instructions for the disposition of Excess FGI. Company may decide to consign Excess FGI that was purchased from Supplier and Supplier agrees to store such consigned Excess FGI. Company will pay Supplier a fee of [ *** ] percent per month, prorated weekly but billed monthly, for any consigned Excess FGI. This consigned Excess FGI will be identified separately from normal FGI. Supplier agrees to use consigned Excess FGI to fulfill Company’s demand prior to use of normal FGI.
Supplier Compensation. Supplier or Agency who engage individuals who are residents of or performing Services in Alaska, Arizona, California, Colorado, Connecticut, Hawaii, Idaho, Illinois, Massachusetts, Missouri, Nevada, New Hampshire, New Mexico, Oregon, South Carolina, Texas, Utah, and the District of Columbia, Supplier or Agency shall pay for the individual’s Services on the last day the individual performs Services, regardless of whether Supplier or Agency would otherwise be required to do so by applicable law or by Supplier or Agency’s agreement with the individual. In all other jurisdictions, Supplier or Agency shall make timely payment to individuals engaged to perform Services.
