Pre-Production Termination. At any time prior to qualification, Spansion may terminate fabrication of any qualification Contract Wafers by giving SMIC written notice, which shall specify whether such Contract Wafers should be delivered to Spansion or scrapped. Upon receipt of such notice, SMIC will stop related fabrication at the conclusion of the manufacturing step in process. Following such termination SMIC may invoice Spansion pro-rata based on percentage of completion for such qualification Contract Wafers. [*******] Confidential treatment requested.
Appears in 2 contracts
Sources: Foundry Agreement, Foundry Agreement (Spansion Inc.)