Common use of Volume Commitments Clause in Contracts

Volume Commitments. A. Buyer's and Supplier's volume obligations and sales commitments for [ ] are set forth in Addendum D for the years set forth therein. B. Notwithstanding the volume obligations described above and set forth in detail in Addendum D of this Agreement, in the event that (i) Buyer is made a party to litigation arising from a claim of intellectual property infringement for which Buyer is indemnified, pursuant to Section 14 above, and (ii) Buyer determines, in good faith, after a thorough review of the claim, underlying patent, requested relief, Buyer's defenses and other relevant facts, that Supplier's indemnification obligation (which Supplier has the unilateral right to increase) would not be adequate with respect to the potential liability to such person, [ ], unless Supplier agrees in writing to increase the amount of the Liability Cap set forth in Section 14 to a level which exceeds Buyer's good faith estimate of the amount of the likely damages to be incurred in such lawsuit. C. Notwithstanding the volume obligations described above and set forth in detail in Addendum D of this Agreement, in the event Supplier does not supply a particular Item for the reasons stated in Section 14C above, Supplier shall be released from its contractual obligation to supply the affected Item to Buyer.

Volume Commitments. A. Buyer's and Supplier's volume obligations and sales commitments for [ ] are set forth in Addendum D for the years set forth therein. B. Notwithstanding the volume obligations described above and set forth in detail in Addendum D of this Agreement, in the event that (i) Buyer is made a party to litigation arising from a claim of intellectual property infringement for which Buyer is indemnified, pursuant to Section 14 above, and (ii) Buyer determines, in good faith, after a thorough review of the claim, underlying patent, requested relief, Buyer's defenses and other relevant facts, that Supplier's indemnification obligation (which Supplier has the unilateral right to increase[ ]) would not be adequate with respect to the potential liability to such person, [ ], unless Supplier agrees in writing to increase the amount of the Liability Cap [ ] set forth in Section 14 to a level which exceeds Buyer's good faith estimate of the amount of the likely damages to be incurred in such lawsuit. C. Notwithstanding the volume obligations described above and set forth in detail in Addendum D of this Agreement, in the event Supplier does not supply a particular Item for the reasons stated in Section 14C above, Supplier shall be released from its contractual obligation to supply the affected Item to Buyer.