Invoice Prices. The per unit cost of Materials included in the -------------- price invoiced upon shipment shall be [*] per unit for the Products as set forth in Schedule 5.1(a). ---------------
Invoice Prices. Prices of components supplied to the Company by their Manufacturers are subject to change without notice and the Company reserves the right without prior notice to invoice and the Customer agrees to pay for all such goods at the prices prevailing at the time of delivery. RESPONSIBILITY FOR THE GOODS. The goods, equipment, plant or apparatus, shall be at the risk and responsibility of the Customer for all purposes when the Company has completed delivery, erection and/or installation, whether or not it is put into use notwithstanding that additions, minor omissions, or defects not materially affecting the use of the goods, or other work not completed by the Company due to factors or conditions beyond its control remain to be carried out or corrected by the Company.
Invoice Prices. The Purchase Price of the Network shall be paid -------------- during the course of construction of the Network on the basis of Orders that become payable in accordance with Section 6.9. Unless otherwise agreed to by the parties, portions of the Purchase Price that become payable with respect to Products, Licensed Materials or Services upon fulfillment of an Order shall be as set forth in Exhibit I (the "Invoice Prices"), plus any related taxes and transportation charges. Products, Licensed Materials and Services to be offered which are not listed on Exhibit I as of the date hereof shall be introduced at Invoice Prices to be mutually agreed upon by the parties. At least every two years, beginning on the second anniversary of the date of this Agreement, representatives of Seller and Customer will negotiate in good faith to agree on amendments to Exhibit I. The parties agree that such amendments will include price reductions which provide Customer with the benefit of ***** ******* ***** of the value, if any, of any efficiencies realized by Seller in the production of point-to-multipoint radio Products over the course of this Agreement. If Customer becomes aware through verifiable means that previous amendments to Exhibit I have not given Customer the benefit of such efficiencies, Seller will *** ****** *** ****** ********* ******** *** *** ******* **** *** *** ****** **** ***** ** ********* *** ********* ******** **** *** ****** ***** ** *** ****** ** ********* ********** *** **** **** **** ******* ***** *** ** **** ** ******* ****** ****** ** *** ****** ******* ****** ** *** ************ ******** ** ****** ***** ** **** ******* ** ****** ***** ****** ** *** **** ****** **** *** ****** Customer has the right to terminate this Agreement without penalty if, acting reasonably and in good faith, Seller and Customer fail to agree on any scheduled amendments to Exhibit I within one month of each anniversary. *This confidential portion has ben omitted and filed separately with the Commission. Except as provided pursuant to the Change Order provisions of Section 6.5, the Initial Invoice Prices for Products and Licensed Materials are the maximum Invoice Prices Seller can use in allocating the Purchase Price to Products and Licensed Materials which are generally available during the term of this Agreement. In addition, with respect to Services, the Invoice Prices agreed to during each review period described in the immediately preceding paragraph shall be the maximum ...
