Maximum Upcharge Clause Samples

Maximum Upcharge. Any provision of this Agreement to the contrary notwithstanding, after Supplier has earned a total Upcharge (excluding any Upcharge attributable to New Product) of [ ]*, the Upcharge for each Product Code shall equal 36.14% of the sum of the Base Standard Costs plus a variance equal to [ ]* of such Base Standard Costs, and Buyer and Supplier shall each have the right to terminate this Agreement on not less than twelve (12) months prior notice; provided, however, that Buyer shall have the right to terminate this Agreement on not less than four (4) months prior notice during the first twelve (12) months after such total Upcharge has been earned. *The information contained within these brackets has been omitted and filed separately with the Commission pursuant to a request for Confidential Treatment under Rule 24b-2.