Common use of Minimum Commitments Clause in Contracts

Minimum Commitments. (i) [***]. The initial [***] L/M in aggregate increases in production capacity of the Y5 Facility shall be considered firmly committed by each Party (i.e., [***] L/M each) as described below [***]. Toshiba shall specify the timing and manner of implementation of [***] and the details shall be reflected in one or more Business Plans that provide for implementing [***]. If SanDisk [***] fails for any reason to make the investment necessary to implement its [***] share of the [***] then Toshiba (so long as it makes the investment necessary to implement its [***] share of [***] shall have the right [***] either to maintain this Agreement in effect [***] or [***] in which case (A) [***] and (B) [***] shall apply. (ii) [***]. If Toshiba gives notice to SanDisk of [***] to proceed with Phase II, the following terms and conditions shall apply with respect to the ramp-up in Phase II. The initial [***] in aggregate increases in production capacity of Phase II of the Y5 Facility shall be considered [***] as described below [***] shall specify the timing and manner of implementation of [***] and the details shall be reflected in one or more Business Plans that provide for implementing [***]. If SanDisk [***] fails for any reason to make the investment necessary to implement [***] Toshiba (so long as it makes the investment necessary to implement [***] share of [***] shall have the right, [***] to: (A) maintain this Agreement in effect [***]; (B) maintain this Agreement in effect with respect [***]; or (C) in the event that SanDisk’s [***] in Phase I is [***] or less at the time of such failure to [***], in which case (1) [***] and (2) [***] shall apply.