Common use of New Price Clause in Contracts

New Price. The parties agree to delete the contents of Section 8 of the Agreement, Price, and replace it with the following: First [***] pieces: US$[***] *[***] Next [***] pieces: US$[***] Next [***] pieces: US$[***] After first [***] pieces: US$[***] * Prices for first 1 Mpcs represent an addition of US$[***] per unit in amortized Total NRE cost. See Section 10. Changes in die size will affect the price quoted. The prices quoted herein for mass production are based on the assumption of adequate yield. TAEC reserves the right to adjust pricing based on mutual agreement in the event that adequate yield figures, in TAEC’s reasonable opinion, are not achieved by the start of mass production despite reasonable commercial efforts by both parties. TAEC will provide Netlist with timely data such that Netlist can reasonably assess yield. Prices do not include and are subject to any applicable sales tax.

Appears in 2 contracts

Sources: Design and Production Agreement (Netlist Inc), Design and Production Agreement (Netlist Inc)