Common use of Acceptance and Acknowledgement Clause in Contracts

Acceptance and Acknowledgement. All Purchase Orders submitted at least […***…] prior to the start of the Working Segment for Wafers shall be accepted by Company up to the Wafer Volume Commitment and as specified in Section 2.1(d) (Requirements in Excess of the Wafer Volume Commitment), and may be accepted by Company in all other cases. Subject to the terms of this Supply Agreement, once Company accepts a Purchase Order, it will be obligated to produce and deliver the Wafers in the volumes specified in the Purchase Order (subject to the applicable Planning Yield Assumption), and Conexant will be obligated to purchase such Wafers in the volumes specified in the Purchase Order. Within […***…] after receipt of each Purchase Order or Purchase Order Release or, if received on a non-business day or on the day prior to a non-business day, within […***…], Company will acknowledge such Purchase Order or Purchase Order Release in writing by either fax or e-mail notice to Conexant’s purchasing agent identified on the face of the Purchase Order or Purchase Order Release. Such acknowledgement will include Company’s projected delivery date for the order; provided that, in establishing such delivery date, Company shall use reasonable efforts to comply with the delivery dates specified in Conexant’s Purchase Order Release. The Wafer process cycle times set forth in Exhibit E (Wafer Cycle Times) shall be updated each Segment. If at any time during the production of such Wafers Company believes or becomes aware that the delivery may be delayed by more than […***…], Company shall provide Conexant with written notice of such change in the delivery schedule and the quantity of Wafers affected. Such report shall be referred to as an “Exception Report” and any Wafer Lots not specifically identified in an Exception Report shall be delivered by Company no later than the delivery date specified in the Purchase Order Release. Purchase Orders or Purchase Order Releases not acknowledged or rejected by Company within such time will be deemed accepted by Company.

Appears in 4 contracts

Samples: Wafer Supply and Services Agreement, Wafer Supply and Services Agreement (Jazz Semiconductor Inc), Wafer Supply and Services Agreement (Jazz Semiconductor Inc)

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Acceptance and Acknowledgement. All Each Purchase Orders Order submitted at least shall be accepted by JAZZ up to the Wafer Volume Commitment defined in Section 2.1 and shall be acknowledged by JAZZ within […***…] prior to the start days of the Working Segment for Wafers shall be accepted by Company up to the Wafer Volume Commitment and as specified in Section 2.1(d) (Requirements in Excess of the Wafer Volume Commitment), and may be accepted by Company in all other casesreceipt. Subject to the terms of this Supply Agreement, once Company JAZZ accepts a Purchase Order, it will be obligated to produce and deliver the Wafers in the volumes specified in the Purchase Order (subject to the applicable Planning Yield Assumption), and Conexant RFMD will be obligated to purchase such Wafers in the volumes specified in the Purchase Order. Within Unless otherwise agreed to in writing by the Parties, Production Wafers shall be ordered by RFMD and delivered by JAZZ in Lots of twenty-five (25) Wafers and Engineering Wafers shall be ordered by FRMD and delivered by JAZZ in Lots of ten (10) to no more than twenty-five (25) Wafers. Subject to available Capacity, RFMD may request that specified Lots be processed on an expedited basis, in which case JAZZ shall use commercially reasonable efforts to process such Lots on such expedited basis; provided that JAZZ shall have no liability for failure to actually provide expedited processing. The cost of Wafers delivered on an expedited basis shall be: Engineering Lots and Hot Lots […***…] after receipt of each Purchase Order multiplied by the Contract Price (or Purchase Order Release or, if received on a nonother price applicable to such Lots for unexpedited processing) Super-business day or on the day prior to a non-business day, within Hot Lots […***…]] multiplied by the Contract Price (or other price applicable to such Lots for unexpedited processing) Jazz agrees that subject to available capacity loading, Company Jazz will acknowledge such Purchase Order or Purchase Order Release in writing by either fax or e-mail notice to Conexant’s purchasing agent identified on the face of the Purchase Order or Purchase Order Release. Such acknowledgement will include Company’s projected delivery date for the order; provided that, in establishing such delivery date, Company shall use make commercially reasonable efforts to comply provide RFMD with the delivery dates specified in Conexant’s Purchase Order Release. The Wafer process accelerated production lot processing at cycle times set forth in Exhibit E (Wafer Cycle Times) shall be updated each Segment. If at any time during the production of such Wafers Company believes or becomes aware which are less that the delivery may be delayed by more than […***…]stated Lead-times, Company shall provide Conexant with written notice of such change in the delivery schedule and the quantity of Wafers affectedbut at cycle times greater that Hot Lots. Such report shall be referred commitments will apply to as an “Exception Report” agreed upon number of Wafer lots prioritized in conjunction with RFMD and any Wafer Lots not specifically identified in an Exception Report shall be delivered by Company no later at a mutually agreed upon charge less than the delivery date specified in the Purchase Order Release. Purchase Orders or Purchase Order Releases not acknowledged or rejected by Company within such time will be deemed accepted by Companystandard Hot Lot processing premium.

Appears in 2 contracts

Samples: Wafer Supply Agreement (Jazz Semiconductor Inc), Wafer Supply Agreement (Jazz Semiconductor Inc)

Acceptance and Acknowledgement. All Purchase Orders submitted at least [. . . ***…* . . .] prior to the start of the Working Segment for Wafers shall be accepted by Company up to the Wafer Volume Commitment and as specified in Section 2.1(d) (Requirements in Excess of the Wafer Volume Commitment), and may be accepted by Company in all other cases. Subject to the terms of this Supply Agreement, once Company accepts a Purchase Order, it will be obligated to produce and deliver the Wafers in the volumes specified in the Purchase Order (subject to the applicable Planning Yield Assumption), and Conexant Skyworks will be obligated to purchase such Wafers in the volumes specified in the Purchase Order. Within [. . . ***…* . . .] after receipt of each Purchase Order or Purchase Order Release or, if received on a non-business day or on the day prior to a non-business day, within [. . . ***…* . . .], Company will acknowledge such Purchase Order or Purchase Order Release in writing by either fax or e-mail notice to Conexant’s Skyworks’ purchasing agent identified on the face of the Purchase Order or Purchase Order Release. Such acknowledgement will include Company’s projected delivery date for the order; provided that, in establishing such delivery date, Company shall use reasonable efforts to comply with the delivery dates specified in Conexant’s Skyworks’ Purchase Order Release. The Wafer process cycle times set forth in Exhibit E (Wafer Cycle Times) shall be updated each Segment. If at any time during the production of such Wafers Company believes or becomes aware that the delivery may be delayed by more than [. . . ***…* . . .], Company shall provide Conexant Skyworks with written notice of such change in the delivery schedule and the quantity of Wafers affected. Such report shall be referred to as an “Exception Report” and any Wafer Lots not specifically identified in an Exception Report shall be delivered by Company no later than the delivery date specified in the Purchase Order Release. Purchase Orders or Purchase Order Releases not acknowledged or rejected by Company within such time will be deemed accepted by Company.

Appears in 2 contracts

Samples: Wafer Supply and Services Agreement (Jazz Semiconductor Inc), Wafer Supply and Services Agreement (Jazz Semiconductor Inc)

Acceptance and Acknowledgement. All Purchase Orders submitted at least [...***...] prior to the start of the Working Segment for Wafers shall be accepted by Company up to the Wafer Volume Commitment and as specified in Section 2.1(d) (Requirements in Excess of the Wafer Volume Commitment), and may be accepted by Company in all other cases. Subject to the terms of this Supply Agreement, once Company accepts a Purchase Order, it will be obligated to produce and deliver the Wafers in the volumes specified in the Purchase Order (subject to the applicable Planning Yield Assumption), and Conexant Skyworks will be obligated to purchase such Wafers in the volumes specified in the Purchase Order. Within [...***...] after receipt of each Purchase Order or Purchase Order Release or, if received on a non-business day or on the day prior to a non-business day, within [...***...], Company will acknowledge such Purchase Order or Purchase Order Release in writing by either fax or e-mail notice to Conexant’s Skyworks' purchasing agent identified on the face of the Purchase Order or Purchase Order Release. Such acknowledgement will include Company’s 's projected delivery date for the order; provided that, in establishing such delivery date, Company shall use reasonable efforts to comply with the delivery dates specified in Conexant’s Skyworks' Purchase Order Release. The Wafer process cycle times set forth in Exhibit E (Wafer Cycle Times) shall be updated each Segment. If at any time during the production of such Wafers Company believes or becomes aware that the delivery may be delayed by more than [...***...], Company shall provide Conexant Skyworks with written notice of such change in the delivery schedule and the quantity of Wafers affected. Such report shall be referred to as an "Exception Report” and Report"and any Wafer Lots not specifically identified in an Exception Report shall be delivered by Company no later than the delivery date specified in the Purchase Order Release. Purchase Orders or Purchase Order Releases not acknowledged or rejected by Company within such time will be deemed accepted by Company.

Appears in 1 contract

Samples: Wafer Supply and Services Agreement (Jazz Semiconductor Inc)

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Acceptance and Acknowledgement. All Purchase Orders submitted at least [...***...] prior to the start of the Working Segment for Wafers shall be accepted by Company up to the Wafer Volume Commitment and as specified in Section 2.1(d) (Requirements in Excess of the Wafer Volume Commitment), and may be accepted by Company in all other cases. Subject to the terms of this Supply Agreement, once Company accepts a Purchase Order, it will be obligated to produce and deliver the Wafers in the volumes specified in the Purchase Order (subject to the applicable Planning Yield Assumption), and Conexant will be obligated to purchase such Wafers in the volumes specified in the Purchase Order. Within [...***...] after receipt of each Purchase Order or Purchase Order Release or, if received on a non-business day or on the day prior to a non-business day, within [...***...], Company will acknowledge such Purchase Order or Purchase Order Release in writing by either fax or e-mail notice to Conexant’s 's purchasing agent identified on the face of the Purchase Order or Purchase Order Release. Such acknowledgement will include Company’s 's projected delivery date for the order; provided that, in establishing such delivery date, Company shall use reasonable efforts to comply with the delivery dates specified in Conexant’s 's Purchase Order Release. The Wafer process cycle times set forth in Exhibit E (Wafer Cycle Times) shall be updated each Segment. If at any time during the production of such Wafers Company believes or becomes aware that the delivery may be delayed by more than [...***...], Company shall provide Conexant with written notice of such change in the delivery schedule and the quantity of Wafers affected. Such report shall be referred to as an “Exception Report” "EXCEPTION REPORT" and any Wafer Lots not specifically identified in an Exception Report shall be delivered by Company no later than the delivery date specified in the Purchase Order Release. Purchase Orders or Purchase Order Releases not acknowledged or rejected by Company within such time will be deemed accepted by Company.

Appears in 1 contract

Samples: Wafer Supply and Services Agreement (Conexant Systems Inc)

Acceptance and Acknowledgement. All Purchase Orders submitted at least [...***...] prior to the start of the Working Segment for Wafers shall be accepted by Company up to the Wafer Volume Commitment and as specified in Section 2.1(d) (Requirements in Excess of the Wafer Volume Commitment), and may be accepted by Company in all other cases. Subject to the terms of this Supply Agreement, once Company accepts a Purchase Order, it will be obligated to produce and deliver the Wafers in the volumes specified in the Purchase Order (subject to the applicable Planning Yield Assumption), and Conexant will be obligated to purchase such Wafers in the volumes specified in the Purchase Order. Within [...***...] after receipt of each Purchase Order or Purchase Order Release or, if received on a non-business day or on the day prior to a non-business day, within [...***...], Company will acknowledge such Purchase Order or Purchase Order Release in writing by either fax or e-mail notice to Conexant’s 's purchasing agent identified on the face of the Purchase Order or Purchase Order Release. Such acknowledgement will include Company’s 's projected delivery date for the order; provided that, in establishing such delivery date, Company shall use reasonable efforts to comply with the delivery dates specified in Conexant’s 's Purchase Order Release. The Wafer process cycle times set forth in Exhibit E (Wafer Cycle Times) shall be updated each Segment. If at any time during the production of such Wafers Company believes or becomes aware that the delivery may be delayed by more than [...***...], Company shall provide Conexant with written notice of such change in the delivery schedule and the quantity of Wafers affected. Such report shall be referred to as an "Exception Report” and Report"and any Wafer Lots not specifically identified in an Exception Report shall be delivered by Company no later than the delivery date specified in the Purchase Order Release. Purchase Orders or Purchase Order Releases not acknowledged or rejected by Company within such time will be deemed accepted by Company.

Appears in 1 contract

Samples: Wafer Supply and Services Agreement (Jazz Semiconductor Inc)

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