Cancellations; Purchases of Excess and Obsolete Inventory and Cancellations. (a) Except as provided under the terms of section 5.3, Customer may not cancel all or any portion of Product quantity of an accepted purchase order without Flextronics’s prior written approval. If Customer does not request prior approval, or if Customer and Flextronics do not agree in writing to specific terms with respect to any approved cancellation, then Customer shall pay Flextronics Monthly Charges for any such cancellation, calculated as of the first day after such cancellation for any Product or Inventory or Special Inventory procured by Flextronics to support the original delivery schedule. In addition, if Flextronics notifies Customer that any Product (or partially completed Product) subject to such cancellation has remained in Flextronics’s possession for more than ***, then Customer shall immediately purchase from Flextronics such Product at the established fees for such Products (or a pro-rata proportion thereof for any applicable work-in-progress). (b) Notwithstanding anything else in this Agreement, Customer shall be responsible for the following:
Appears in 2 contracts
Sources: Manufacturing Agreement (Violin Memory Inc), Manufacturing Services Agreement (Violin Memory Inc)
Cancellations; Purchases of Excess and Obsolete Inventory and Cancellations. (a) Except as provided under the terms of section 5.3in Section 6.2, Customer may not cancel all or any portion of Product quantity of an accepted purchase order or forecast without Flextronics’s prior written approval, which shall not be unreasonably withheld or delayed. If Customer does not request prior approval, or if Customer and Flextronics do not agree in writing to specific terms with respect to any approved cancellation, then Customer shall pay Flextronics Monthly Charges for any such cancellation, calculated as of the first day after such cancellation for any Product or Inventory or Special Inventory procured by Flextronics to support the original delivery schedule. In addition, if Flextronics notifies Customer that any Product (or partially completed Product) subject to such cancellation has remained in Flextronics’s possession for more than [***], then Customer shall immediately purchase from Flextronics such Product at the established fees for such Products (or a pro-rata proportion thereof for any applicable work-in-progress).
(b) Notwithstanding anything else in this Agreement, Customer shall be responsible for the following:
Appears in 2 contracts
Sources: Manufacturing Agreement (Tintri, Inc.), Manufacturing Agreement (Tintri, Inc.)