Quarterly Commitment. Notwithstanding Section 10.3(b) (Monthly Commitment), below, if SMIC’s Capacity Plan is less than [*******], SMIC shall pay Spansion [*******] of the then current Contract Wafer price set forth in the Product Supplement for the amount by which the number of Contract Wafers supplied by SMIC is less than those specified in the Firmly Forecast Order. Furthermore, If SMIC supplies less than [*******] of the Contract Wafers listed on Spansion’s Purchase Order for the Firmly Forecast Orders, SMIC shall pay Spansion [*******] of the then current Contract Wafer price set forth in the Product Supplement for the amount by which the number of Contract Wafers supplied by SMIC is less than those specified in the Purchase Order. If Spansion purchases less than the Firmly Forecast Orders of Contract Wafers in a given quarter, Spansion shall pay to SMIC [*******] of the then current Contract Wafer price set forth in the Product Supplement for the amount by which the number of Contract Wafers purchased by Spansion in such quarter is less than [*******] of the Firmly Forecast Orders.
Appears in 2 contracts
Sources: Foundry Agreement, Foundry Agreement (Spansion Inc.)