Common use of Adjustments to ICR Commitment Clause in Contracts

Adjustments to ICR Commitment. The Parties acknowledge that Nortel Networks support and cooperation affect Flextronics’s ability to actually achieve ICRs and the Flextronics vertical integration target set out in Section 4.13. If the failure of Nortel Networks to fulfill its obligations under Section 4.13 with respect to such target adversely impacts Flextronics’s ability to actually achieve the ICR Commitment, then Flextronics may be relieved of its obligation with regard to the affected portion of the ICR Commitment. Flextronics shall notify Nortel Networks if it determines that there has been such an adverse impact and provide competent evidence to support Flextronics’s determination. If Nortel Networks does not fulfill its applicable obligations within 45 days after receipt of Flextronics’s notice or otherwise accepts Flextronics’s determination, the ICR Primes will resolve the matter and, if they are unable to do so, the Parties shall follow the Issue Escalation and Dispute Resolution Process.