Common use of Condition of Purchase Obligation Clause in Contracts

Condition of Purchase Obligation. Maxtor's commitment to purchase the amounts set forth in Section 7.1 ("Purchase Commitment") is conditioned upon IMS providing Products competitive in both price and quality. If Maxtor qualifies, pursuant to the qualification criteria set forth in Exhibit E, which criteria may be amended from time to time by Maxtor at its sole discretion, one or more alternate suppliers of Products whose price or quality is more favorable to Maxtor than IMS' price or quality and who are capable of meeting Maxtor's quality and volume (in whole or in part) requirements, Maxtor shall so notify IMS in writing. [*] Maxtor's purchase commitments set forth in Section 7.1 ("Purchase Commitment") shall be reduced to the extent of Products as to which IMS is not price or quality competitive.

Appears in 2 contracts

Sources: Lease (International Manufacturing Services Inc), Manufacturing Services Agreement (International Manufacturing Services Inc)