Wafer Specifications. Subject to the annual technology reviews as set forth in Section 2.10 below, the Wafers to be supplied under this Agreement shall meet the specifications as agreed to by the Parties as set forth in Attachment A to this Agreement. MEMC shall maintain, in accordance with MEMC’s standard procedures, accurate records and data for any quality testing done by or for MEMC of any Wafers purchased by Suntech hereunder and shall make such records and test data available to Suntech upon reasonable request.
Wafer Specifications. The Wafers to be supplied under this Agreement shall meet the specifications as agreed to by the Parties in Schedule A hereto. The Seller shall maintain, in accordance with the Seller’s standard procedures, accurate records and data for any quality testing done by or for the Seller of any Wafers purchased by the Buyer hereunder and shall make such records and test data available to the Buyer upon reasonable request. The specifications set forth in Schedule A may be revised by written agreement of both Parties provided that (i) no change to the specifications shall be made unless *** prior notice in writing has been given for the change by a Party to another Party and (ii) both Parties have agreed on the terms and conditions for the supply of Wafers with the revised specifications. The Parties agree to negotiate in good faith on the price of the Wafers with the revised specifications having regard to items such as the amount of materials used, the amount of production cost and breakage rates. The Parties agree that unless a written agreement has been reached by the Parties with respect to the supply of Wafers with the revised specifications. The Seller shall continue to supply Wafers with the specifications as agreed by the Parties in Schedule A. Notwithstanding the foregoing, the Parties agree to cooperate in good faith to improve the quality of the Wafers to be supplied with the agreed specifications and minimizing breakage rates provided that if the improvement of quality of the Wafers results in an increase in production cost, the Seller is not obliged to supply such Wafers with improved quality unless their new price has been agreed in writing by the Parties.
Wafer Specifications. The Wafers to be supplied under this Agreement shall meet the specifications as agreed to by the Parties in Schedule A hereto. The Seller shall maintain, in accordance with the Seller’s standard procedures, accurate records and data for any quality testing done by or for the Seller of any Wafers purchased by the Buyer hereunder and shall make such records and test data available to the Buyer upon reasonable request. The specifications set forth in Schedule A may be revised by written agreement of both Parties provided that (i) no change to the specifications shall be made unless *** prior notice in writing has been given for the change by a Party to another Party and (ii) both Parties have agreed on the terms and conditions for the supply of Wafers with the revised specifications. The Parties agree to negotiate in good faith on the price of the Wafers with the revised specifications having regard to items such as the amount of materials used, the amount of production cost and breakage rates. The Parties agree that unless a written agreement has been reached by the Parties with respect to the supply of Wafers with the revised specifications. The Seller shall continue to supply Wafers with the specifications as agreed by the Parties in Schedule A. Notwithstanding the foregoing, the Parties agree to cooperate in good faith to improve the quality of the Wafers to be supplied with the agreed specifications and minimizing breakage rates provided that if the improvement of quality of the Wafers results in an increase in production cost, the Seller is not obliged to supply such Wafers with improved quality unless their new price has been agreed in writing by the Parties.
