Common use of Aged Inventory Clause in Contracts

Aged Inventory. At the end of every calendar month, Flextronics shall report the Aged Inventory. After validation, which shall not excess ***, Customer shall purchase the Aged Inventory at a price equal ***. Prior to invoicing Customer for the amounts due pursuant to (ii) and (iii) of this section, Flextronics shall use commercially reasonable efforts for a period not to exceed ***, to return unused Inventory and Special Inventory and to cancel pending orders for such Inventory, and to otherwise mitigate the amounts payable by Customer. Flextronics will not invoice Customer for the *** to *** of *** until *** provided Flextronics can *** in this program’s ***. For avoidance of doubt, *** shall *** for *** regardless of whether the ***. Flextronics shall ship the Inventory and Special Inventory paid for by Customer under this section to Customer promptly upon said payment by Customer. In the event Customer does not pay in ***, Flextronics shall be entitled to dispose of such Inventory and Special Inventory in a commercially reasonable manner and credit to Customer any monies received from third parties. Flextronics shall then submit an invoice for the balance amount due and Customer agrees to pay said amount in ***.

Appears in 2 contracts

Sources: Manufacturing Agreement (Violin Memory Inc), Manufacturing Services Agreement (Violin Memory Inc)