Common use of Title and Delivery Clause in Contracts

Title and Delivery. Unless otherwise expressly provided herein, delivery of the products ordered hereunder by Buyer shall be completed when made Ex Works (Incoterms 2000) Seller’s designated point of shipment. In all cases, Seller's title shall pass to Buyer and the risk of loss or damage to any product in transit shall fall upon Buyer, whose responsibility shall be to file claims with the carrier, when delivery is made Ex Works (Incoterms 2000) Seller’s designated point of shipment. Seller shall, with the prior written consent of Buyer, select the method of shipment, but in all cases, the carrier will be regarded as Buyer’s agent. Shipping dates shall be in accordance with the dates specified in a purchase order submitted by Buyer to Seller from time to time, however, parties agree that subject to reasonable delays, shipping dates are approximate and are based upon prompt receipt of all necessary information from Buyer. In the absence of written instructions from Buyer, all of the products ordered hereunder shall be packed and prepared for shipment in a manner that: (i) follows good commercial practice; (ii) is acceptable to common carriers for shipment at the lowest rate; and (iii) is adequate to ensure safe arrival. Seller shall xxxx all containers with Buyer purchase order numbers, lot tracking information, date of shipment, Buyer's and Seller's names, and such labels and notices consistent with good standard practice, provided that in the event that any shipments directly to an Buyer customer by Seller, shall upon Buyer’s request, omit Seller’s name from the containers. Seller shall not be liable for delay in delivery or non-delivery due to causes beyond Seller’s reasonable control, including but not limited to acts of God, acts of Buyer, acts of civil or military authority, war, riots, insurrection, sabotage, epidemic, labor disputes, labor shortages, utility shortages, materials shortages, delays in transportation or inability due to causes beyond Seller's reasonable control. In the event of any such delay, the date of delivery shall automatically be extended for a period equal to the time lost by reason of the delay. For other than these preceding causes, Seller shall not be in default for failure to deliver, unless Seller does not commence to cure such failure within ten (10) days after receipt of written notice of failure to deliver from Buyer.

Title and Delivery. Unless otherwise expressly provided herein, delivery of the products ordered hereunder by Buyer shall be completed when All sales are made Ex Works (Incoterms 2000) Seller’s designated FCA point of shipment. In all cases, Seller's title shall pass passes to Buyer and the risk Seller's liability as to delivery ceases upon making delivery of loss or damage material purchased hereunder to any product Buyer's designated carrier at shipping point in transit shall fall upon Buyer, whose responsibility shall good condition. All claims for damages must be to file claims filed with the carrier, when delivery . All shipments will normally be made by Air Freight. Unless specific instructions from Buyer specify which designated carrier is made Ex Works (Incoterms 2000) Seller’s designated point of shipment. Seller shall, with the prior written consent of Buyer, select the method of shipment, but in all casesto be used, the carrier Seller will be regarded as Buyer’s agentexercise his own discretion. Shipping dates Products shall be shipped on the date specified in the accepted purchase order. Such shipment date shall be determined in accordance with the dates specified lead-time agreed upon in a writing by the parties prior to placement of the purchase order submitted by Buyer to Seller from time to time, however, parties agree that subject to reasonable delays, shipping dates are approximate and are based upon prompt receipt of all necessary information from BuyerSeller. In the absence of written instructions from Buyerevent that Seller anticipates not meeting an agreed upon delivery date, all of the products ordered hereunder shall be packed and prepared for shipment in Seller will notify Buyer with a manner that: (i) follows good commercial practice; (ii) is acceptable to common carriers for shipment at the lowest rate; and (iii) is adequate to ensure safe arrival. Seller shall xxxx all containers with Buyer purchase order numbers, lot tracking information, date of shipment, Buyer's and Seller's names, and such labels and notices consistent with good standard practicerevised date, provided that in Seller has given notice at least twenty (20) days before the event that any shipments directly to an Buyer customer by Seller, shall upon Buyer’s request, omit Seller’s name scheduled delivery date. Without derogating from the containers. above, Seller shall not be liable responsible for delay in any failure to perform or late delivery or non-delivery due to arising from causes beyond Seller’s reasonable its control. These causes shall include, including but not limited to acts of Godbe restricted to, fire, storm, flood, earthquake, explosion, accident, acts of Buyer, acts of civil or military authoritythe public enemy, war, riotsrebellion, insurrection, sabotageepidemic, epidemicquarantine restrictions, labor disputes, labor shortages, utility shortagesmanufacturing delays caused by its outside fabrication and manufacturing suppliers, materials shortagestransportation embargoes, or failure or delays in transportation transportation, inability to secure raw materials or inability due to causes beyond Seller's reasonable controlmachinery for the manufacture of its devices, acts of God, acts of the Federal Government or any agency thereof, or any judicial action. In the event of any such delay, the date of delivery shall automatically shall, at the request of the Seller, be extended deferred for a period equal to the time lost by reason of the delay. For other than these preceding causes, Seller shall not be in default for failure to deliver, unless Seller does not commence to cure such failure within delay plus ten (10) days after receipt days. In the event of written notice any delay by Buyer, Seller may decline to make further shipments without in any way affecting its rights under such order. If, despite any default by Buyer, Seller elects to continue to make shipments, its action shall not constitute a waiver of failure any default by Buyer or in any way affect Seller's legal remedies of any such default. Right of possession of the Products sold hereunder shall remain with Seller and such Products shall remain personal property until all payments hereunder (including deferred payments whether evidenced by notes or otherwise) shall have been made in full in each, and Buyer agrees to deliver from Buyerdo all acts necessary to perfect and maintain such right and title in Seller.

Title and Delivery. Unless otherwise expressly provided herein, delivery of the products ordered hereunder by Buyer shall be completed when All sales are made Ex Works (Incoterms 2000) Seller’s designated F.O.B. point of shipment. In all cases, Seller's title shall pass passes to Buyer and Seller's liability as to delivery ceases upon making delivery of material purchased hereunder to carrier at shipping point in good condition, the risk of loss or damage to any product in transit shall fall upon carrier acting as Buyer, whose responsibility shall 's agent. All claims for damages must be to file claims filed with the carrier. All shipments will normally be made by Parcel Post, when delivery Railway Express, Air Express or Air Freight. Unless specific instructions from Buyer specify which of the foregoing methods of shipment is made Ex Works (Incoterms 2000) Seller’s designated point of shipment. Seller shall, with the prior written consent of Buyer, select the method of shipment, but in all casesto be used, the carrier Seller will be regarded as Buyer’s agentexercise his own discretion. Shipping dates shall be in accordance with the dates specified in a purchase order submitted by Buyer to Seller from time to time, however, parties agree that subject to reasonable delays, shipping dates are approximate and are based upon prompt receipt from Buyer of all necessary information from Buyer. In the absence of written instructions from Buyer, all of the products ordered hereunder shall be packed and prepared for shipment in a manner that: (i) follows good commercial practice; (ii) is acceptable to common carriers for shipment at the lowest rate; and (iii) is adequate to ensure safe arrival. Seller shall xxxx all containers with Buyer purchase order numbers, lot tracking information, date of shipment, Buyer's and Seller's names, and such labels and notices consistent with good standard practice, provided that in the event that any shipments directly to an Buyer customer by Seller, shall upon Buyer’s request, omit Seller’s name from the containers. Seller shall not be liable responsible for delay in delivery or non-delivery due any failure to perform arising from causes beyond Seller’s reasonable its control, including . These causes shall include but not limited be restricted to acts of Godfire. storm, flood, earthquake, explosion, accident, acts of Buyer, acts of civil or military authoritythe public enemy, war, riotsrebellion, insurrection, sabotageepidemic, epidemicquarantine restrictions, labor disputes, labor shortages, utility shortagestransportation embargoes, materials shortages, or failure or delays in transportation transportation, inability to secure raw materials or inability due to causes beyond Seller's reasonable controlmachinery for the manufacture of its devices, acts of God, acts of the Federal Government or any agency thereof, and judicial action. In the event of any such delay, delay the date of delivery shall automatically shall, at the request of the Seller, be extended deferred for a period equal to the time lost by reason of the delay. For other than these preceding causesIn the event of any delay by Buyer, Seller may decline to make further shipments without in any way affecting its rights under such order. If despite any default by Buyer's Seller elects to continue to make shipments, its action shall not be constitute a waiver of any default by Buyer or in default for failure any way affect Seller's legal remedies of any such default. Right of possession of the products sold hereunder shall remain with Seller and such products shall remain personal property until all pay payments hereunder (including deferred payments whether evidence by notes or otherwise) shall have been made in full in each, and Buyer agrees to deliver, unless Seller does not commence do all acts necessary to cure perfect and maintain such failure within ten (10) days after receipt of written notice of failure to deliver from Buyerright and title in Seller.

Title and Delivery. Unless otherwise expressly provided herein, delivery of the products ordered hereunder by Buyer shall be completed when made Ex Works (Incoterms 2000) Seller’s designated point of shipment. In all cases, Seller's title shall pass to Buyer and the risk of loss or damage to any product in transit shall fall upon Buyer, whose responsibility shall be to file claims with the carrier, when delivery is made Ex Works (Incoterms 2000) Seller’s designated point of shipment. Seller shall, with the prior written consent of Buyer, select the method of shipment, but in all cases, the carrier will be regarded as Buyer’s agent. Shipping dates shall be in accordance with the dates specified in a purchase order submitted by Buyer to Seller from time to time, however, parties agree that subject to reasonable delays, shipping dates are approximate and are based upon prompt receipt of all necessary information from Buyer. In the absence of written instructions from Buyer, all of the products ordered hereunder shall be packed and prepared for shipment in a manner that: (i) follows good commercial practice; (ii) is acceptable to common carriers for shipment at the lowest rate; and (iii) is adequate to ensure safe arrival. Seller shall xxxx all containers with Buyer purchase order numbers, lot tracking information, date of shipment, Buyer's and Seller's names, and such labels and notices consistent with good standard practice, provided that in the event that any shipments directly to an Buyer customer by Seller, shall upon Buyer’s request, omit Seller’s name from the containers. Seller shall not be liable for delay in delivery or non-delivery due to causes beyond Seller’s reasonable control, including but not limited to acts of God, acts of Buyer, acts of civil or military authority, war, riots, insurrection, sabotage, epidemic, labor disputes, labor shortages, utility shortages, materials shortages, delays in transportation or inability due to causes beyond Seller's reasonable control. In the event of any such delay, the date of delivery shall automatically be extended for a period equal to the time lost by reason of the delay. For other than these preceding causes, Seller shall not be in default for failure to deliver, unless Seller does not commence to cure such failure within ten (10) [*] days after receipt of written notice of failure to deliver from Buyer.. * This portion has been omitted pursuant to a Request for Confidential Treatment under Rule 24b-2 of the Securities Exchange Act of 1934. The complete document, including the portions for which confidential treatment has been requested, has been filed separately with the Securities and Exchange Commission. MARVELL CONFIDENTIAL INFORMATION

Title and Delivery. Unless otherwise expressly provided herein, delivery of the products ordered hereunder by Buyer shall be completed when made Ex Works (Incoterms 2000) Seller’s designated point of shipment. In all cases, Seller's title shall pass to Buyer and the risk of loss or damage to any product in transit shall fall upon Buyer, whose responsibility shall be to file claims with the carrier, when delivery is made Ex Works (Incoterms 2000) Seller’s designated point of shipment. Seller shall, with the prior written consent of Buyer, select the method of shipment, but in all cases, the carrier will be regarded as Buyer’s agent. Shipping dates shall be in accordance with the dates specified in a purchase order submitted by Buyer to Seller from time to time, however, parties agree that subject to reasonable delays, shipping dates are approximate and are based upon prompt receipt of all necessary information from Buyer. In the absence of written instructions from Buyer, all of the products ordered hereunder shall be packed and prepared for shipment in a manner that: (i) follows good commercial practice; (ii) is acceptable to common carriers for shipment at the lowest rate; and (iii) is adequate to ensure safe arrival. Seller shall xxxx all containers with Buyer purchase order numbers, lot tracking information, date of shipment, Buyer's and Seller's names, and such labels and notices consistent with good standard practice, provided that in the event that any shipments directly to an Buyer customer by Seller, shall upon Buyer’s request, omit Seller’s name from the containers. Seller shall not be liable for delay in delivery or non-delivery due to causes beyond Seller’s reasonable control, including but not limited to acts of God, acts of Buyer, acts of civil or military authority, war, riots, insurrection, sabotage, epidemic, labor disputes, labor shortages, utility shortages, materials shortages, delays in transportation or inability due to causes beyond Seller's reasonable control. In the event of any such delay, the date of delivery shall automatically be extended for a period equal to the time lost by reason of the delay. For other than these preceding causes, Seller shall not be in default for failure to deliver, unless Seller does not commence to cure such failure within ten (10) [*]days after receipt of written notice of failure to deliver from Buyer.. * This portion has been omitted pursuant to a Request for Confidential Treatment under Rule 24b-2 of the Securities Exchange Act of 1934. The complete document, including the portions for which confidential treatment has been requested, has been filed separately with the Securities and Exchange Commission. MARVELL CONFIDENTIAL INFORMATION