Y6 Facility definition
Examples of Y6 Facility in a sentence
There will be an Operating Committee for Y6 Facility operations (the “Y6 Operating Committee”) consisting of a senior executive designated by each of WD and TMC (each such individual, the “WD Representative” and the “TMC Representative,” respectively), each of whom shall have an engineering background and represent the designating Party on a day-to-day basis at the Y6 Facility.
For the avoidance of doubt, any alternative use of a Party’s allotted manufacturing capacity for JV BiCS Products within the Y6 Facility will be as permitted in, and subject to and governed by the terms of, the applicable JV’s JV Master Agreement.
The Y6 Operating Committee shall prepare and distribute to the Parent Parties (at least three Business Days in advance of the Y6 Operating Committee’s monthly review meetings) monthly reports in English with respect to the engineering activities, operations and cost information of the Y6 Facility.
For the avoidance of doubt, the rights, obligations and procedures for the purchase by the Parent Parties from FPL, FAL and FFL of JV BiCS Products manufactured in whole or in part at the Y6 Facility shall be as set forth in the FPL Purchase and Supply Agreements, the FAL Purchase and Supply Agreements and the FFL Purchase and Supply Agreements, respectively, of TMC (in the case of TMC) and the applicable SanDisk party (in the case of WD).
TMC (from the Yokkaichi Facility) and the JVs shall use their best efforts to achieve the manufacturing capacity set forth in the JV Business Plans, which will include any plans for JV use of cleanroom space in the Y6 Facility.
The rights of each Parent Party under the JV Agreements to use a portion of its total allocated capacity in the Y3 Facility, the Y4 Facility and from the JV Space in the Y5 Facility and the New Y2 Facility to cause to be manufactured Proprietary Flash Products, subject to the conditions and limitations set forth in the JV Agreements, are hereby extended to the JV Space in the Y6 Facility.
If TMC makes a recovery from a third party (other than an insurer per the above) in respect of both assets in the Y6 Facility and other assets, then TMC shall allocate to the applicable JVs a share of the net amount of such recovery in proportion to the losses suffered by such JVs and total losses suffered by such JVs and TMC.
Acquisitions of JV BiCS Tools shall be made in accordance with the terms for NAND Flash Memory Products tool acquisitions in the applicable JV Master Agreement, and JV BiCS Tools may be installed in the Y6 Facility as mutually agreed by the Parent Parties.
For the avoidance of doubt, TMC, on one hand, and WD and SanDisk, on the other hand, shall have the right and obligation, through the JVs, to utilize 50% of the manufacturing capacity for JV BiCS Products manufactured in whole or in part at the Y6 Facility, on an Equivalent Lot basis, as provided in the JV Master Agreements.
The capacity ratios used to calculate output and cost allocation for the Y3 Facility, the Y4 Facility, the Y5 Facility, the New Y2 Facility and the Y6 Facility as set forth in Schedule 12.2(d) to the New Y2 Facility Agreement and Schedule 12.1(c) to the Y6 Facility Agreement are hereby replaced with the capacity ratios initially set forth on Schedule 12.1(f) to this Agreement and updated from time to time by the Parent Parties as mutually agreed.