Volume Adjustments. Royalty payments due Tessera hereunder shall be adjusted by multiplying Licensee’s total base royalty calculated under Paragraph B. above, by a [*] ([*]) until Licensee has paid Tessera [*] US Dollars (US$[*]) in aggregate royalties, and then by a [*] ([*]) until Licensee has paid Tessera an additional [*] US Dollars (US$[*]) in royalties. Discount for prepayment: At any time, Licensee may elect to pay Tessera [*] US Dollars (US$[*]) in lieu of any such Volume Adjustments, in which event said Licensee shall notify Tessera and tender such payment and henceforth pay royalties at the lowest level (as set forth in Paragraph III.B., above).
Volume Adjustments. 36.1.3.1. While volume adjustments are catered for in Annexure I, it is acknowledged that the actual volumes relating to the Services will be verified by the Service Provider during the Benchmarking Review with the result thereof to be agreed with Transnet and taken into consideration in the Benchmarking Review.
Volume Adjustments. 5.1 CUSTOMER shall not be subject to […***…] based on the quantity of Products purchased hereunder.
Volume Adjustments. If any test shows the meter or densitometer factor then in use is in error by more than one-quarter of one percent (0.25%), such equipment or correction factor will be properly adjusted at once to zero error and the previous readings of such equipment will be corrected for any prior period of inaccuracy which is known definitely or agreed upon. For any error not known or agreed upon for the period in which the equipment was inaccurate or out of service, the volume of NGLs shall be determined by the first of the following methods that is applicable:
Volume Adjustments. If any test shows the measurement equipment and factors then in use are in error so that the total measurement error exceeds one-half of one percent (.50%), such equipment or correction factors will be properly adjusted to zero error and the previous readings of such equipment will be corrected for any prior period of inaccuracy if the correct readings are known or are agreed upon by the Parties. For any error not known or not agreed upon for the period in which the equipment was inaccurate or out of service, the volume of NGL's shall be determined by the first of the following methods that is applicable:
Volume Adjustments. Qimonda is committed to purchase from Winbond and Winbond is committed to sell to Qimonda the 70nm-Contract Product and the 58nm-Contract Product produced by Winbond in its 300mm fab in Taichung for Qimonda and/or its Subsidiaries according to the reserved capacity specified in ANNEX 2 of this Addendum. As soon as the 70nm-Margin or respectively the 58nm-Margin (as defined in Annex 1) for 70nm-Contract Products or respectively 58nm-Contract Products in the Reserved 300mm-Capacity which is based on Margin Sharing according to Annex I becomes negative for a period of three consecutive months, [***]
Volume Adjustments. Royalty payments due Tessera hereunder shall be adjusted by multiplying Licensee's total base royalty calculated under Paragraph B. above, by a factor of [*] ([*]) until Licensee has paid Tessera [*] US DOLLARS (US$[*]) in aggregate royalties, and then by a factor of [*] ([*]) until Licensee has paid Tessera an additional [*] US DOLLARS (US$[*]) in aggregate royalties. DISCOUNT FOR PREPAYMENT: At any time, Licensee may elect to pay Tessera [*] US DOLLARS (US$[*]) in lieu of any such Volume Adjustments, in which event said Licensee shall notify Tessera and tender such payment and henceforth pay royalties at the [*]% level without any such Volume Adjustments. * 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.
Volume Adjustments. Notwithstanding Section 5.2, the Parties acknowledge that vessels may not load the precise tonnages planned by the Parties. To accommodate such variances, the Parties will work cooperatively to ensure that sufficient stocks of Willow Creek Coal are made available to ensure that deliveries match the available vessels' tonnage requirements, provided that the total Purchase Commitment amount will be delivered by March 31, 2006. In addition, while the Parties will make reasonable commercial efforts to arrange for deliveries of Purchase Commitment Coal to occur on an even basis throughout each applicable delivery period, the Parties acknowledge and agree that, during an initial start-up period running from July 1, 2004 to March 31, 2005, it is likely that more tonnes of the Committed Purchase Coal will be delivered later in the period rather than evenly throughout the period.
Volume Adjustments. 13.6.6 Long range planning/forecasts
Volume Adjustments. As soon as the 80nm-Margin (as defined in Annex 1, Part III) for 80nm-Contract Products in the Reserved 300mm-Capacity becomes negative for a period of three consecutive months, [***]
