Exclusion Clause. 2.1 The MGLL shall be reduced accordingly if the required equipment is not available (due to maintenance. calibration, breakage or other) for the required hours through no fault of GCT. If [***] has elapsed in the current month, then for [***] the MGLL will be [***]. If the allocated tester is down and caused GCT not to achieve the agreed utilization hours with WIP available, UTAC will not invoice GCT the minimum monthly revenue for the level caused by the non availability of the tester for GCT. 2.2 If GCT provides the loading to meet the Quarterly Rebate Incentive and the allocated Tester is not available and thereby causes GCT not to achieve the required utilization, GCT is still entitled to the rebate.
Appears in 2 contracts
Sources: Take or Pay Agreement (GCT Semiconductor Inc), Take or Pay Agreement (GCT Semiconductor Inc)