Order Flexibility Clause Samples

Order Flexibility. (a) Paramit welcomes increases in orders and or requests for earlier deliveries. Paramit will make reasonable efforts to accommodate such changes. Upon any such request, Paramit will promptly investigate lead times, component availability, and possible expediting fees imposed by vendors (or other third parties) and will advise Customer of feasible delivery dates and increased costs, if any. The Parties will mutually agree on the increased number of units of Product or accelerated delivery dates based on then prevailing market conditions, including lead times, component availability, and expediting fees. In negotiating such an agreement, Paramit will not seek to increase the Product Price and separately pass through to Customer increases in Materials Costs, including any expediting fees and overtime charges for after hours or weekend work requests. For clarity, any incremental charges associated with increased orders will be accounted for at incremental actual cost incurred and no markup whatsoever will be charged. For example, a supplier to Paramit is required to work overtime to meet a request to expedite a Material. The normal labor rate is $10.00 per hour and the overtime rate is time-and-a-half or $15.00 per hour. The labor content of the Material is one hour. Therefore, the Customer will pay the Product Price and be charged separately for $5.00 (the incremental actual cost incurred). (b) Customer may defer delivery of [***] of Product one time for each Product order, only if the Product original ship date is more than [***] away and such deferral can be no more than [***] and Customer will pay for the remaining Products in accordance with this Agreement. However, within 12 months of the first Product shipment after pilot builds, Customer may defer delivery of [***] of Product one time for each Product order, only if the Product original ship date is more than [***] away and such deferral can be no more than [***] and will pay for the remaining Products in accordance with this Agreement. (c) With mutual agreement, Customer can reduce lead time and increase flexibility by placing additional Purchase Orders for safety stock of all Materials required for a particular quantity of Products or specific Material with longer than desirable lead times or a combination of the two. In any case, Paramit will provide Customer with an analysis of cost to Customer and effect on lead time of the Product. (d) Paramit acknowledges Customer’s changes in Product design or...

Order Flexibility. References in Section 6 of the Agreement to 250,000 units refer to 250,000 units of the Product and 125,000 units of each of the Additional Products. References to the Product in Section 6 of the Agreement also include the Additional Products.

Order Flexibility. For Products not being purchased under a Demand-Pull Program or Vendor Managed Inventory Program Nortel may, upon notice in writing increase the quantity of Products set forth in a Purchase Order or a Release in accordance with the ordering flexibility matrix, if any, attributable to the affected Products in Exhibit A. Seller may reschedule or ship partial shipments for any changes made to Purchase Orders in the event Nortel increases quantities of Product outside of the ordering flexibility matrix.

Order Flexibility. (a) Paramit welcomes increases in orders and or requests for earlier deliveries. Paramit will make reasonable efforts to accommodate such changes. Paramit will promptly investigate lead times, component availability, and possible expediting fees imposed by vendors (or other third parties) and will advise Customer of feasible delivery dates and increased costs, if any. The parties will negotiate an agreement for the increased number of units of product or accelerated delivery dates based on then prevailing market conditions, including lead times, component availability, and expediting fees. In negotiating such an agreement, Paramit will not seek to increase the price of the product except to pass through to Customer increases in materials costs, including any expediting fees and overtime charges for after hours or weekend work requests. (b) Customer may defer delivery of product as follows but will accept material liability for parts that are purchased but cannot be cancelled or rescheduled: If delivery of units of product is deferred as permitted in this subsection, no further deferral of delivery of those units of product is permitted, but Customer may defer delivery of other units of product whose delivery has not been previously deferred. (c) In the event that any build schedule for issued Purchase Orders are placed on hold by Customer, exceeding […***…], (a) Paramit will invoice overhead and profit portion of product price for the quantities of products put on hold. The invoice amount will be […***…] for affected quantities. This amount will be credited back to Customer upon resumption of product shipment; (b) Paramit will charge Customer a fee of […***…] per month to maintain an engaged customer focus team (CFT), supporting any required data analysis, failure analysis, design of experiments, change implementation, collaboration with suppliers and or Customer’s engineering and quality; such CFT engagement fee is NRE and will not be credited back to Customer, once production resumes. (d) If, after Paramit orders any materials or incurs any expense for NRE’s, Customer reduces the number of units of product being purchased pursuant to a Blanket PO (or cancels the Blanket PO), the cancellation fee will be as set forth below (instead of the amount set forth in section 6(d)(4) of this agreement): The cancellation fee is equal to […***…] set in the foregoing table […***…]. The calculation of the cancellation fee is based on the […***…]. The cancellation fee d...

Order Flexibility. Pursuant To section 7.6 of this Agreement and based on the matrix below, Nortel may increase the quantity of the following described Products without additional charge: Seller reserves the right to reschedule or ship partial shipments for any increases added prior to the last scheduled delivery date. Product: (TBD) 0 - %* to %* to %* to %* to %* to %* [*]=CERTAIN INFORMATION ON THIS PAGE HAS BEEN OMITTED AND FILED SEPARATELY WITH THE COMMISSION. CONFIDENTIAL TREATMENT HAS BEEN REQUESTED WITH RESPECT TO THE OMITTED PORTIONS. References to telecommunications’ standards in this Exhibit B will include amendments and replacements of the standards, as they occur from time to time during the Term.

Order Flexibility. Eligible Buyers may increase, decrease, reschedule or cancel its Purchase Orders pursuant to the provisions set forth in Exhibit D.

Order Flexibility. (a) Paramit welcomes increases in orders and or requests for earlier deliveries. Paramit will make reasonable efforts to accommodate such changes. Paramit will promptly investigate lead times, component availability, and possible expediting fees imposed by vendors (or other third parties) and will advise Customer of feasible delivery dates and increased costs, if any. The parties will negotiate an agreement for the increased number of units of product or accelerated delivery dates based on then prevailing market conditions, including lead times, component availability, and expediting fees. In negotiating such an agreement, Paramit will not seek to increase the price of the product except to pass through to Customer increases in materials costs, including any expediting fees and overtime charges for after hours or weekend work requests. (b) Customer may defer delivery of product as follows but will accept material liability for parts that are purchased but cannot be cancelled or rescheduled: 0-60 [***] [***] 61-90 [***] [***] 91-120 [***] [***] 121+ [***] [***]

Order Flexibility. 1) Customer may, without charge, postpone, decrease, increase, or cancel any Order by written notice to Manufacturer at least five (5) business days prior to the acknowledged Delivery Date with regard to Standard Products or five (5) weeks prior with regard to Special/Custom Products. Except as mutually agreed by the Parties, any Order may be re-scheduled only once, Requests to delay Delivery may not exceed ninety (90) days from the original acknowledged committed Delivery date, and the re-scheduled request may not be canceled or further modified. 2) Except as mutually agreed by the Parties, less than five (5) weeks prior to the acknowledged Delivery Date, Special/Custom Products are non-cancelable and Delivery Dates may not be rescheduled. .

Order Flexibility. Pursuant To section 7.6 of this Agreement and based on the matrix below, Nortel may increase the quantity of the following described Products without additional charge: Seller reserves the right to reschedule or ship partial shipments for any increases added prior to the last scheduled delivery date. Product: (TBD) Number of Weeks Prior to the Last Scheduled Delivery Date Percentage of Order Allowed to be Increased 0 - %* to %* to %* to %* to %* to %* [*]=CERTAIN INFORMATION ON THIS PAGE HAS BEEN OMITTED AND FILED SEPARATELY WITH THE COMMISSION. CONFIDENTIAL TREATMENT HAS BEEN REQUESTED WITH RESPECT TO THE OMITTED PORTIONS. **** NORTEL CONFIDENTIAL **** EXHIBIT B PRODUCT SPECIFICATIONS, MARKING AND LABELING References to telecommunications’ standards in this Exhibit B will include amendments and replacements of the standards, as they occur from time to time during the Term.