Descriptive Overview of Product Pricing Sample Clauses

Descriptive Overview of Product Pricing. Without --------------------------------------- derogating from Sections 3.02 through 3.12 hereunder: It is the intention of the parties hereto that from and after the Effective Date AMD Holding shall purchase Products which it orders from AMD Saxonia and are Shipped by AMD Saxonia in accordance with the requirements of this Agreement. The purchase price for the Products will be set at a price per Wafer equal to the Adjusted Selling Price Per Wafer, which will be determined on a "cost-plus" basis for any Period. Before the beginning of each Period, AMD Saxonia will prepare a budget for that Period pursuant to Section 3.02 setting out all relevant estimated costs for that Period, and shall determine the Actual Selling Price Per Wafer based on such budgets and on the quarterly Requirements Forecast to be provided by AMD Holding. For all Products Shipped during any Period, AMD Holding shall make payments to AMD Saxonia based on the Actual Selling Price Per Wafer. In the event no shipments of Products are made during any Period following the Effective Date (regardless of whether before or after the Completion Date), other than where no shipments are made as a result of Force Majeure in any Post Completion Period, AMD Holding shall at the end of such Period make advance payments to AMD Saxonia, against Products to be Shipped during the following Period, in an amount corresponding to the Applicable Percentage (as defined in Section 3.03(b)) of AMD Saxonia's Total Costs incurred in that Period. Such advance payments shall be included as Total Costs in the next Period in which Products are shipped. Within 25 days after the end of each Period (other than one in which no Products are Shipped), AMD Saxonia shall determine the Adjusted Selling Price Per Wafer for such Period on the basis of its Total Costs actually incurred during that Period and the Applicable Percentage in accordance with Section 3.03. In the event the Actual Selling Price Per Wafer and the Adjusted Selling Price Per Wafer differ for such Period, the aggregate price difference shall be paid within 30 days after the end of such Period by AMD Saxonia to AMD Holding, or by AMD Holding to AMD Saxonia, as the case may be, pursuant to Section 3.03(a). The parties acknowledge that this pricing mechanism may have the result of dictating a high price per Wafer for any Period in which only relatively few Wafers are Shipped and that after the Effective Date it will result in a full cost reimbursement during ea...
Sample 1
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Descriptive Overview of Product Pricing. Without derogating from Sections 2.02 through 2.07 hereunder: From and after the Effective Date AMD Fab 36 Holding shall purchase all Products which it orders from AMD Fab 36 and are Shipped by AMD Fab 36 in accordance with the requirements of this Agreement. The purchase price for the Products will be set at a price per Wafer which will be determined on a “cost-plus” basis for any month in accordance with the Section 2 hereinafter (“Selling Price Per Wafer”). For all Products Shipped during any Month, AMD Fab 36 Holding shall make payments to AMD Fab 36 based on the Selling Price Per Wafer. Within 25 days after the end of each Month, other than one in which no Products are Shipped, AMD Fab 36 shall determine the Selling Price Per Wafer for such Month on the basis of its Total Costs actually incurred during that Month and the Applicable Percentage in accordance with Section 2.02. The parties acknowledge that this pricing mechanism may have the result of dictating a high price per Wafer for any Month in which only relatively few Wafers are Shipped and that after the Effective Date it will result in a full cost reimbursement during each year.
Sample 1

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