Examples of Y3 Facility in a sentence
The Parties agree that unless otherwise expressly stated herein (A) the FVC Japan Operative Documents shall not affect the interpretation of this Agreement or the governance or operation of Flash Partners or the Y3 Facility and (B) the FP Operative Documents shall not affect the interpretation of the FVC Japan Master Agreement or the governance operation of FVC Japan or the FVC Japan Equipment.
The Parties acknowledge that either or both of the Parties and Flash Partners have incurred or will incur costs in connection with developing Flash Partners and the Y3 Facility and preparing the Y3 Facility for production, including personnel costs, materials costs and other operating expenses, that are properly allocable to Flash Partners and for which each Party has the obligation ultimately to bear 50% of the responsibility (“Start-Up Costs”).
The Y3 Operating Committee is intended to be a collaborative body with real-time communications, respectful consultation and dispute resolution with the goal of making the Y3 Facility the most competitive (cost and technology) memory fabrication facility in the world.
Flash Partners and Toshiba will enter into an exclusive lease agreement with respect to the Y3 Facility and Flash Partners’ manufacturing equipment located in the Y3 Facility to be used in the manufacture of Y3 NAND Flash Memory Products by Toshiba.
The Parties acknowledge that they intend to expand their Y3 NAND Flash Memory Product manufacturing capacity through development of the Y3 Facility according to volumes and timing set forth in Schedule 6.3(b) (including to [***] L/M, the “Ramp-Up Plan”).
The manufacturing facilities will be located at the Y3 Facility and die sort will be located [***] or such other place as the Parties may agree upon.
Toshiba will manufacture Y3 NAND Flash Memory Products at the Y3 Facility for Flash Partners ordered by Toshiba and SanDisk under the terms and conditions of the FP Purchase and Supply Agreements.
Subject to Section 6.3(c), each of the Parties will have the right and obligation, through Flash Partners, to utilize 50% of the wafers produced at the Y3 Facility based on a measure of equivalent lots out per week with the equivalency being weighed based on the process complexity factors (as calculated by a formula to be mutually determined by the Parties) of the Y3 NAND Flash Memory Products.
Toshiba has designed and is constructing the Y3 Facility at its sole cost and expense.
The Y3 Facility is scheduled to be completed by [***], provided that Toshiba shall have no liability to SanDisk, any SanDisk Affiliate or Flash Partners if completion is not achieved by such time.