Common use of Supply Interruptions Clause in Contracts

Supply Interruptions. If at any time Company experiences a Material Interruption (as defined below), Conexant’s Wafer Volume Commitments shall be reduced by the number of Wafers Company is unable to supply for the actual duration of such Material Interruption, provided, however, that if such Material Interruption results from Conexant’s failure to provide any services that Conexant is obligated to provide under the Information Technology Service Agreement of even date herewith by and between Company and Conexant, then Conexant’s Wafer Volume Commitment shall not be reduced as a result of such Material Interruption. If an unintended interruption in Company’s ability to fulfill its supply obligations occurs that is not a Material Interruption, Conexant shall remain obligated to satisfy its obligations hereunder to purchase Wafers, provided, that if, due to such interruption, Company is unable to deliver a number of Wafers ordered to fulfill a portion of a Wafer Volume Commitment prior to the end of the Segment, then Conexant will be excused from that portion of the Wafer Volume Commitment for that Segment, and such portion will be rolled over to be fulfilled by the end of the following Segment. This provision shall not limit any other rights or remedies Conexant or Company may have for a breach of this Supply Agreement or otherwise, and nothing in this provision is intended to supersede, restrict, or otherwise limit either party’s rights under Section 13.7 (Force Majeure). For purposes of this Section, “Material Interruption” means an unintended interruption in Company’s ability to produce Wafers that (i) endures for more than a period of […***…], and (ii) causes a reduction in Capacity of […***…] or more WSPD.

Appears in 4 contracts

Samples: Wafer Supply and Services Agreement, Wafer Supply and Services Agreement (Jazz Semiconductor Inc), Wafer Supply and Services Agreement (Jazz Semiconductor Inc)

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Supply Interruptions. If at any time Company experiences a Material Interruption (as defined below), Conexant’s Skyworks’ Wafer Volume Commitments shall be reduced by the number of Wafers Company is unable to supply for the actual duration of such Material Interruption, provided, however, that if such Material Interruption results from ConexantConexnat’s failure to provide any services that Conexant is obligated to provide under the Information Technology Service Agreement of even date herewith by and between Company and Conexant, then Conexant’s Skyworks’ Wafer Volume Commitment shall not be reduced as a result of such Material Interruption. If an unintended interruption in Company’s ability to fulfill its supply obligations occurs that is not a Material Interruption, Conexant Skyworks shall remain obligated to satisfy its obligations hereunder to purchase Wafers, provided, that if, due to such interruption, Company is unable to deliver a number of Wafers ordered to fulfill a portion of a Wafer Volume Commitment prior to the end of the Segment, then Conexant Skyworks will be excused from that portion of the Wafer Volume Commitment for that Segment, and such portion will be rolled over to be fulfilled by the end of the following Segment. This provision shall not limit any other rights or remedies Conexant Skyworks or Company may have for a breach of this Supply Agreement or otherwise, and nothing in this provision is intended to supersede, restrict, or otherwise limit either party’s rights under Section 13.7 (Force Majeure). For purposes of this Section, “Material Interruption” means an unintended interruption in Company’s ability to produce Wafers that (i) endures for more than a period of [. . . ***…* . . .], and (ii) causes a reduction in Capacity of [. . . ***…* . . .] or more WSPD.

Appears in 2 contracts

Samples: Wafer Supply and Services Agreement (Jazz Semiconductor Inc), Wafer Supply and Services Agreement (Jazz Semiconductor Inc)

Supply Interruptions. If at any time Company experiences a Material Interruption (as defined below), Conexant’s 's Wafer Volume Commitments shall be reduced by the number of Wafers Company is unable to supply for the actual duration of such Material Interruption, provided, however, that if such Material Interruption results from Conexant’s 's failure to provide any services that Conexant is obligated to provide under the Information Technology Service Agreement of even date herewith by and between Company and Conexant[...***...], then Conexant’s 's Wafer Volume Commitment shall not be reduced as a result of such Material Interruption. If an unintended interruption in Company’s 's ability to fulfill its supply obligations occurs that is not a Material Interruption, Conexant shall remain obligated to satisfy its obligations hereunder to purchase Wafers, provided, that if, due to such interruption, Company is unable to deliver a number of Wafers ordered to fulfill a portion of a Wafer Volume Commitment prior to the end of the Segment, then Conexant will be excused from that portion of the Wafer Volume Commitment for that Segment, and such portion will be rolled over to be fulfilled by the end of the following Segment. This provision shall not limit any other rights or remedies Conexant or Company may have for a breach of this Supply Agreement or otherwise, and nothing in this provision is intended to supersede, restrict, or otherwise limit either party’s 's rights under Section 13.7 (Force Majeure). For purposes of this Section, "Material Interruption" means an unintended interruption in Company’s 's ability to produce Wafers that (i) endures for more than a period of [...***...], and (ii) causes a reduction in Capacity of [...***…] or more WSPD...].

Appears in 2 contracts

Samples: Wafer Supply and Services Agreement (Jazz Semiconductor Inc), Wafer Supply and Services Agreement (Conexant Systems Inc)

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Supply Interruptions. If at any time Company experiences a Material Interruption (as defined below), Conexant’s Skyworks' Wafer Volume Commitments shall be reduced by the number of Wafers Company is unable to supply for the actual duration of such Material Interruption[...***...], provided, however, that if such Material Interruption results from Conexant’s Conexnat's failure to provide any services that Conexant is obligated to provide under the Information Technology Service Agreement of even date herewith by and between Company and Conexant[...***...], then Conexant’s Skyworks' Wafer Volume Commitment shall not be reduced as a result of such Material Interruption. If an unintended interruption in Company’s 's ability to fulfill its supply obligations occurs that is not a Material Interruption, Conexant Skyworks shall remain obligated to satisfy its obligations hereunder to purchase Wafers, provided, that if, due to such interruption, Company is unable to deliver a number of Wafers ordered to fulfill a portion of a Wafer Volume Commitment prior to the end of the Segment, then Conexant Skyworks will be excused from that portion of the Wafer Volume Commitment for that Segment, and such portion will be rolled over to be fulfilled by the end of the following Segment. This provision shall not limit any other rights or remedies Conexant Skyworks or Company may have for a breach of this Supply Agreement or otherwise, and nothing in this provision is intended to supersede, restrict, or otherwise limit either party’s 's rights under Section 13.7 (Force Majeure). For purposes of this Section, "Material Interruption" means an unintended interruption in Company’s 's ability to produce Wafers that (i) endures for more than a period of [...***...], and (ii) causes a reduction in Capacity of [...***…] or more WSPD...].

Appears in 1 contract

Samples: Wafer Supply and Services Agreement (Jazz Semiconductor Inc)

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