Board Escalation. If the Spansion chief financial officer (or other designated Spansion officer) reasonably determines that Fujitsu has failed to offer an acceptable remedy for the material breach, then the Spansion officer shall notify the Board of Directors (a) indicating the nature and the basis of the issue, and (b) listing the measures that Spansion proposes to take against Fujitsu in order to remedy the material breach. The Board of Directors shall consider the measures proposed by the Spansion officer against Fujitsu and shall provide its recommendation or approval for any measures Spansion shall take to remedy the material breach.
Appears in 2 contracts
Sources: Information Technology Services Agreement (Spansion Inc.), Information Technology Services Agreement (Spansion Inc.)