Common use of Loss Contracts Clause in Contracts

Loss Contracts. Section 2.14(b) of the Company Disclosure Letter -------------- identifies all contracts (whether fixed price or time and materials with a price cap or other contract having similar effect) under which the Company provides products or services to a third party and as to which the cost of performance has exceeded or is likely to exceed the contract price and also sets forth, with respect to each such contract, the amount by which such cost of performance exceeds such contract price. Except as set forth in Section 2.14(b) of the Company Disclosure Letter, all contracts under which the Company provides services to a third party are capable of being performed at a cost equal to or less than the contract price.

Appears in 1 contract

Sources: Agreement and Plan of Merger (Virata Corp)

Loss Contracts. Section 2.14(b) of the Company Disclosure Letter -------------- Schedule identifies all contracts (whether fixed price or time and materials with a price cap or other contract having similar effect) under which the Company provides products or services to a third party and as to which the cost of performance has exceeded or is likely to exceed the contract price and also sets forth, with respect to each such contract, the amount by which such cost of performance exceeds such contract price. Except as set forth in Section 2.14(b) of the Company Disclosure LetterSchedule, all contracts under which the Company provides products or services to a third party are capable of being performed at a cost equal to or less than the contract price.

Appears in 1 contract

Sources: Merger Agreement (Virata Corp)