Common use of Downside Flexibility Clause in Contracts

Downside Flexibility. If Seagate reschedules the delivery of any Products outside of Lead Time Seagate must purchase the rescheduled quantity within [*] days and such quantity remains binding to Seagate. Without incurring any liability, Seagate may cancel orders for a Product to the extent that such order is not binding to Seagate as provided in this Agreement. Lead Time is subject to review by parties at quarterly capacity planning meetings, provided that any changes to Lead Time will require mutual written agreement of the parties. Subject to the terms and conditions of this Agreement, Seagate may cancel an order for a product that is binding to Seagate as provided in this Agreement, subject to payment of the following cancellation charges: Finished Goods [*] Final Test [*] Assembly [*] Die Bank [*] Fab [*]

Appears in 2 contracts

Sources: Product Supply Agreement (eASIC Corp), Product Supply Agreement (eASIC Corp)