Common use of Take or Pay Clause in Contracts

Take or Pay. (a) If Intel fails to purchase all Binding Forecast Wafers, Intel still shall be obligated to pay the Price for the Binding Forecast Wafers it fails to purchase. (b) If Intel fails to provide a Demand Forecast that satisfies the Minimum Commitment in any period, Intel shall be obligated to pay the Price for the balance of the Minimum Commitment not purchased by Intel (“Foregone Wafers”).

Appears in 2 contracts

Sources: Wafer Supply Agreement (Micron Technology Inc), Wafer Supply Agreement (Micron Technology Inc)

Take or Pay. (a) If Intel fails to purchase all Binding Forecast Wafers, Intel still shall be obligated to pay the Final Price for the Binding Forecast Wafers it fails to purchase. (b) If Intel fails to provide a Demand Forecast that satisfies the Minimum Commitment in any period, Intel shall be obligated to pay the Final Price for the balance of the Minimum Commitment not purchased by Intel (“Foregone Wafers”).

Appears in 1 contract

Sources: Wafer Supply Agreement (Micron Technology Inc)

Take or Pay. (a) If Intel fails to purchase all Binding Forecast Wafers, Intel still shall be obligated to pay the Final Price for the Binding Forecast Wafers it fails to purchase. . (b) If Intel fails to provide a Demand Forecast that satisfies the Minimum Commitment in any period, Intel shall be obligated to pay the Final Price for the balance of the Minimum Commitment not purchased by Intel (“Foregone Wafers”).

Appears in 1 contract

Sources: Wafer Supply Agreement (Micron Technology Inc)