WAFER PRICE Sample Clauses

WAFER PRICE. (a) The prices for wafers purchased by Customer during the term of this Agreement shall not be more than TSMC's average wafer prices to the optionees (i.e., other customers that are parties to option agreements similar to this Agreement) for the same technology, the same fab and the same period of time, taking into account Customer's total volume across all TSMC fabs. At Customer's request, TSMC shall permit an independent third party mutually agreed upon by the parties to audit such books and records as may be required to verify TSMC's most favored customer pricing obligations in the preceding sentence. Such audits shall be at Customer's expense at any time during the term of this Agreement upon at least one (1) month prior written notice to TSMC. In the event that the wafer prices do not comply with the first sentence, TSMC will make proper price changes for all unfilled orders upon Customer's notice in writing. (b) The parties shall negotiate in good faith each year the wafer prices for the Option Capacity of the following year, and if no agreement is reached by the parties before October of each year for the succeeding calendar year, the parties agree to submit the dispute to the binding arbitration pursuant to Section 13 below, and under such circumstances, neither party shall have the right to terminate this Agreement under Section 7 below.
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WAFER PRICE. All terms and conditions pertaining to this section remain the same as set forth in Option Agreements I and II except where stated herein. TSMC agrees to refund to the Customer in the amount of [*] for the overpayment in the calendar year 1998 based on the Option Agreements I and II for the calendar year 1998. TSMC shall distribute the refund in four (4) equal installments to the Customer on January 31, 1999, April 30, 1999, July 31, 1999, and October 31, 1999 respectively.
Sample 1Sample 2
WAFER PRICE. (a) The wafer prices for the Option Capacity shall not be more than TSMC's average wafer prices to other TSMC customers that are parties to option agreements similar to this Agreement) for the same technology, the same fab and the same period of time. In the event that the wafer prices for the Customers Committed Capacity do not comply with the preceding sentence, TSMC will make proper price changes for the unfilled orders, upon Customers' notice in writing. (b) The parties shall negotiate in good faith each year the wafer prices for the Option Capacity for the following year, and if no agreement may be reached by the parties before October each year, the parties agree to submit the dispute to the binding arbitration pursuant to Section 13 below, and under such circumstances, neither party shall have the right to terminate this Agreement under Section 7 below.
Sample 1
WAFER PRICE. Spansion shall pay Fujitsu a price per Wafer manufactured by Fujitsu for Spansion hereunder (the “Wafer Price”). The Wafer Price shall be in Japanese Yen. For the Initial Period, the Wafer Price shall be as set forth on Exhibit B attached hereto and subject to adjustment pursuant to Section 6.4. For the Subsequent Period, the Parties shall negotiate the Wafer Price in good faith based on the principle that the Wafer Price shall be sufficient to cover (i) all costs incurred by Fujitsu in manufacturing the Wafers for Spansion, and (ii) a commercially reasonable margin. If Fujitsu provided manufacturing capacity to Spansion during the Initial Period in excess of the ranges set forth on Exhibit D attached hereto pursuant to Section 5.3, then notwithstanding the foregoing provisions of this Section 6.3, the Wafer Price for those Wafers manufactured in excess of the upper end of the ranges set forth on Exhibit D shall be as follows: (a) during each Quarter of 2007, Price A; and (b) during the first and second Quarters of 2008, Price B.
Sample 1
WAFER PRICE. (a) The wafer prices for the Customer Committed Capacity shall XXXX XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX XXXXXXXXXXXXXXXXXXXXXXXXX for the same technology, the same fab and the same period of time. In the event that the wafer prices for the Customer Committed Capacity do not comply with the preceding sentence, TSMC will make proper price changes for the unfilled orders, upon Customer's notice in writing. (b) The parties shall negotiate in good faith each year the wafer prices for the Customer Committed Capacity of the following year, XXXX XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX.
Sample 1
WAFER PRICE. For each Production Wafer delivered hereunder, Spansion shall pay FSL the Base Wafer Price (defined below) for such Production Wafer, [*] (such [*] Base Wafer Price, the “Wafer Price”). With respect to Production Wafers for any Roadmap Products or Future AM Products, any such Production Wafers that [*]. All Base Wafer Prices and Wafer Prices shall be in Japanese Yen. For purposes of this Agreement, “Base Wafer Price” means: (i) for Production Wafers for Existing AM Products [*], the amount set forth in Schedule 5.3 for the Fiscal Year in which such Production Wafers are ordered and for the Process Technology used to manufacture such Production Wafers; and (ii) with respect to Production Wafers for Existing AM Products [*]; provided that for each of foregoing subsections (i) and (ii), if the manufacture of such Production Wafers [*]. Notwithstanding the foregoing or Section 5.4, the price to be paid by Spansion for any Engineering Wafers shall be determined as set forth in Section 2.9, and shall not be subject to the Base Wafer Price set forth in the previous sentence [*]
Sample 1
WAFER PRICE. Not meet a matching offer, which is at least ***% of the Wafer Based price in accordance with Section 10.2(c).
Sample 1
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WAFER PRICE. Spansion shall pay Fujitsu a price per Wafer manufactured by Fujitsu for Spansion hereunder (the “Wafer Price”). The Wafer Price shall be in Japanese (a) during each Quarter of 2007, Price A; and (b) during the first and second Quarters of 2008, Price B.
Sample 1

Related to WAFER PRICE

  • Transfer Price 4.1. With regard to the Equity Transfer Option, the total Transfer Price to be paid by the WFOE or any other entity or individual designated by the WFOE to each Company Shareholder at each Exercise of Option by the WFOE shall be the capital contribution mirrored by the corresponding Transferred Equity in the Company Registered Capital. But if the lowest price permitted by the then-effective PRC Law is higher than the above capital contribution, the Transfer Price shall be the lowest price permitted by the PRC Law. 4.2. With regard to the Asset Purchase Option, the Transfer Price to be paid by the WFOE or any other entity or individual designated by the WFOE to the Company at each Exercise of Option by the WFOE shall be the net book value of the relevant Transferred Assets. But if the lowest price permitted by the then-effective PRC Law is higher than the net book value of the Transferred Assets, the Transfer Price shall be the lowest price permitted by the PRC Law.

  • Offer Price “Offer Price” is defined in Recital A of the Agreement.

  • Supply Price The Initial Term “Supply Price” for the “Monthly Fixed Price Volume” set forth on Exhibit A shall be $[______]/MWh for the first [***] years of the Initial Term, and thereafter shall be the then-current market price as mutually agreed by Customer and Supplier prior to the end of the [***] year. The Extension Term Supply Price, if any, will be the then-current market price as mutually agreed by Customer and Supplier prior to entering into the Extension Term. Supplier and Customer may agree to fix the Supply Price for one or more periods during the Term that individually and in total are shorter than the full Term. Exhibit A sets forth the hourly delivery volume for which the Energy Price will be fixed during each month of the Term to take into account the phase-in of the facility which is expected to progress at a rate of approximately [***]MW per month (the “Monthly Fixed Price Volume”). Supplier represents that Supplier has used commercially reasonable efforts to set such Supply Price at approximately [***]% discount to the forward price at which Supplier xxxxxx its delivery obligations under this Transaction Confirmation with respect to any financial or physical energy supply arrangement intended to cover the Monthly Fixed Price Volume, the settlement index (ERCOT North Load Zone), and this Transaction Confirmation term. The [***]% discount shall be revised to take into account any physical or software limitations originating from Customer and limiting Supplier’s ability to curtail 100% of the load at the Data Center. Exhibit A also sets forth the minimum load that Customer has designated as not subject to economic curtailment (“Non-Curtailable Load”), which represents, among other things, the Motor Control Center (MCC), and other essential server and administrative load. Customer and Supplier can, in the context of the immediately preceding sentence, agree on a lesser than [***]% discount with respect to the Supply Price to account for Supplier’s incremental cost of providing a fixed Supply Price for Non-Curtailable Load.

  • Economic Price Adjustment is the adjustment to the Aircraft Basic Price (Base Airframe, Engine and Special Features) as calculated pursuant to Exhibit D.

  • Product Price Termination under any of the above paragraphs shall not result in any change to unit prices for Products not terminated.

  • Contract Price 3.1 For full and complete performance, OWNER agrees to pay CONTRACTOR the sum of $659,258.00 payable in accordance with the terms hereof and to the satisfaction of the OWNER.

  • Purchase Price Adjustment (a) Within 90 days following the Closing, the Buyer shall prepare and deliver, or cause to be prepared and delivered, to the Seller a statement (the “Closing Schedule”) setting forth: (i) the Buyer’s determination of the actual amounts of (A) the Adjustment Amount, including the Final Adjustment Amount Overage or the Final Adjustment Amount Underage (the “Final Adjustment Amount”), and (B) the Seller Indebtedness Amount, in each case as of 12:01 a.m. Eastern Time on the Closing Date without taking into account any of the transactions to be completed on the Closing Date in accordance with the terms of this Agreement; (ii) a calculation of any adjustments to the Closing Payment based on such calculations (the adjusted Closing Payment as a result of such calculation being the “Final Closing Payment”); and (iii) a calculation of the accounts receivable contained in the Preliminary Adjustment Amount that were not collected by Buyer within the thirty (30) days immediately following the Closing and the accounts receivable existing at the Closing but not taken into account in calculating the Adjustment Amount (the “Excluded AR”). (b) Within fifteen (15) days after delivery of the Closing Schedule, the Seller may deliver a notice to Buyer either: (i) concurring with the Closing Schedule (a “Notice of Concurrence”); or (ii) disagreeing therewith (a “Notice of Disagreement”). If the Seller delivers a Notice of Disagreement, then it shall be accompanied by the Seller’s proposed revisions to the Closing Schedule. If the Seller fails to deliver any notice within such 15-day period, the Seller shall be deemed to have delivered a Notice of Concurrence. (c) If a Notice of Concurrence is delivered or deemed delivered, and if the Final Closing Payment is less than the Closing Payment, the Buyer shall be entitled to payment out of the Royalty Consideration in the full amount of such shortfall. If a Notice of Concurrence is delivered or deemed delivered, and the Final Closing Payment is greater than the Closing Payment, Buyer shall pay to the Seller the full amount of such excess (with such payment being in shares of Buyer Common Stock priced at $1.50 per share) within thirty (30) days of the delivery of the Notice of Concurrence. (d) If a Notice of Disagreement is delivered, then the Seller and the Buyer shall, during the 15-day period following such delivery (the “Negotiation Period”), use commercially reasonable efforts to agree on the Final Adjustment Amount. If, during such period, the Seller and the Buyer are unable to reach agreement, they promptly shall engage a nationally recognized certified public accounting firm reasonably acceptable to each such party (the “Independent Auditor”) to resolve the disagreement, and any such resolution shall be final, conclusive and binding upon the parties hereto, absent fraud or manifest error. To the extent the Final Closing Payment as determined by the Independent Auditor is less than the Closing Payment, the Buyer shall be entitled to payment out of the Royalty Consideration in the full amount of such shortfall. To the extent the Final Closing Payment as determined by the Independent Auditor is more than the Closing Payment, the Buyer shall pay to the Seller the full amount of such excess (with such payment being in shares of Buyer Common Stock priced at $1.50 per share) within thirty (30) days of such resolution. (e) Each of the Seller and the Buyer shall pay fifty percent (50%) of the fees and expenses of the Independent Auditor.

  • Contract Sales Price The total consideration provided for in the sales contract for the sale of a Property.

  • Tender Price The total price of our Tender, excluding any discounts offered in item (f) below is:

  • C1 Contract Price In consideration of the Contractor’s performance of its obligations under the Contract, the Authority shall pay the Contract Price in accordance with clause C2 (Payment and VAT).

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