Preliminary Price definition

Preliminary Price means, for a particular Delivery Month, (a) with respect to Conforming Wafers, Inotera’s estimate, as of the time Inotera delivers the Preliminary Price Notice with respect to such Delivery Month, of the Price that Inotera will charge under this Agreement for such Conforming Wafers, as reasonably determined by Inotera, with such estimate being based on the [***], for the [***], for products [***] to such [***] (or such other [***], or combination or derivation therefrom, as the Parties may mutually agree in writing), (b) with respect to Pre-Qual Engineering Wafers, [***], and (c) with respect to Non-Conforming Wafers, an amount [***] per Non-Conforming Wafer, as mutually agreed in writing by the Parties.
Preliminary Price means, for a particular Delivery Month, (a) with respect to Non-HMC Conforming Wafers and Non-HMC Pre-Qual Production Wafers, Inotera’s estimate, as of the time Inotera delivers the Preliminary Price Notice with respect to such Delivery Month, of the Price that Inotera will charge pursuant to Schedule 5.1 of this Agreement for such Non-HMC Conforming Wafers and Non-HMC Pre-Qual Production Wafers, as reasonably determined by Inotera, with such estimate being based on the [***], for the [***], for products [***] to such [***] (or such other [***], or combination or derivation therefrom, as the Parties may mutually agree in writing), (b) with respect to HMC Conforming Wafers and HMC Pre-Qual Production Wafers, [***] to be negotiated in good faith by the Parties pursuant to Section 5.1(c) and 5.1(d) prior to Inotera loading any HMC Wafers; (c) with respect to Pre-Qual Engineering Wafers, [***], and (d) with respect to Non-Conforming Wafers, an amount [***] per Non-Conforming Wafer, as mutually agreed in writing by the Parties. DLI-266520155v1 “Preliminary Price Notices” shall have the meaning set forth in Section 4.4(a).
Preliminary Price means, for a particular Delivery Month, (a) with respect to Non-HMC Conforming Wafers, Inotera’s estimate, as of the time Inotera delivers the Preliminary Price Notice with respect to such Delivery Month, of the Price that Inotera will charge pursuant to Section 5.1(a) for such Non-HMC Conforming Wafers, as reasonably determined by Inotera, with such estimate being based on the Price of such Non-HMC Conforming Wafers [***] or, if there is no [***], [***] consistent with the historical practices of the Parties, (b) with respect to Non-HMC Pre-Qual Wafers, Inotera’s estimate, as of the time Inotera delivers the Preliminary Price Notice with respect to such DLI-266519827v1 Delivery Month, of the Price that Inotera will charge pursuant to Section 5.2(a) for such Non-HMC Pre‑Qual Wafers, (c) with respect to HMC Conforming Wafers and HMC Pre-Qual Wafers, Inotera’s estimate of [***] to be negotiated in good faith by the Parties pursuant to Section 5.1(b) and 5.2(b) prior to Inotera loading any HMC Wafers; and (d) with respect to Non-Conforming Wafers, an amount [***] per Non‑Conforming Wafer, as mutually agreed in writing by the Parties.

Examples of Preliminary Price in a sentence

  • KRGT-Del Pool = the daily Index price for Kern River, delivered, as published in Platts Gas Daily Preliminary Price Report for the gas day of scheduled transportation.

  • KRGT-Rec Pool = the daily Index price for ICE Kern River, on system receipt, as published in Platts Gas Daily Preliminary Price Report for the gas day of scheduled transportation.

  • If the Total Preliminary Price exceeds the Total Definitive Price, FibroGen shall issue a credit note to AstraZeneca for the difference.

  • FibroGen will invoice AstraZeneca upon delivery of each shipment of product at the Preliminary Price Per Unit and AstraZeneca will pay for such product at such price within forty-five (45) days after its receipt of such invoice.

  • If the transfer price for the total volume of product actually delivered by FibroGen during the Delivery Year at the Definitive Price Per Unit (the “Total Definitive Price”) exceeds the transfer price for such volume based on the Preliminary Price Per Unit (the “Total Preliminary Price”), then AstraZeneca shall pay the difference to FibroGen within forty-five (45) days after its receipt of an invoice from FibroGen for such amount.

  • The Parties hereby acknowledge that Inotera has timely delivered to the Purchaser a Preliminary Price Notice for the Fiscal Month commencing on the Effective Date.

  • The parties shall have an additional 30 days after the expiration of such 10-day period to determine the final price (the "FINAL PRICE") to be paid by Winery to Grower for such Wine Grapes based on corrected sugar, defect or M.O.G. penalties, weight tags or similar minor adjustments, and to make any payments or refunds necessary to reconcile the Final Price with the Preliminary Price.

  • Attached to this Work Letter as Schedule II is an estimated breakdown of the construction costs for the Tenant Improvement Costs (as hereinafter defined) based on the Preliminary Plans (the "Preliminary Price Estimate"), including the cost of the Preliminary Plans and Working Drawings and any and all fees, prepared by Landlord in conjunction with the Contractor (as hereinafter defined).

  • For purposes of this Agreement, the statements so prepared shall be referred to as the "Preliminary Price Statement." The Preliminary Price Statement shall be prepared using accounting principles and practices that are consistent with those used in the preparation of the Pro Forma Financial Statements, except that the determination of Net Interim Operating Income and the value of the Final Inventory shall be subject to any specific requirements set forth in this Agreement.

  • The parties shall have an additional 30 days after the expiration of such 10-day period to determine the final price (the "FINAL PRICE") to be paid by Winery to Grower for such Wine Grapes based on corrected sugar, defect or M.O.G. penalties, weight tags or similar minor adjustments, and to make any Winery payments and/or Grower refunds necessary to reconcile the Final Price with the Preliminary Price.