Common use of Product Roadmap Clause in Contracts

Product Roadmap. SunPower has provided to Enphase its [***] roadmap for residential module compatibility (the “Product Roadmap”), which is attached as Exhibit C. If Enphase fails to qualify and certify a Product listed in the Product Roadmap in accordance with the qualification and certification requirements set forth therein, by the dates set forth therein (“Milestone Dates”), unless such failure is due to SunPower or Force Majeure, then SunPower (i) may procure from Third Parties a MLPE having materially similar specifications to those for the Product not qualified and certified, solely for use with the applicable new module set forth in Exhibit C, until forty-five (45) days after the date that Enphase qualifies and certifies the applicable MLPE, provided that such materially similar, and previously qualified and certified, MLPE is not available from Enphase, and (ii) shall continue to purchase Enphase’s older Products that have been certified and qualified, and at the Prices set forth in Section 2.4. Purchases from Third Parties pursuant to this Section 1.3 will count towards the Total Purchase Commitment and Minimum Annual Commitments discussed in Section 2.3, but only up to the amount set forth in the Rolling Forecast for such Product plus [***]. To the extent any delays in fulfillment of the Product Roadmap are due to the acts or omissions of SunPower or Force Majeure events, the Milestone Dates shall be extended automatically by the number of days corresponding to such delay.

Product Roadmap. SunPower has provided to Enphase its [***] roadmap for residential module compatibility (the “Product Roadmap”), which is attached as Exhibit C. If Enphase fails to qualify and certify a Product listed in the Product Roadmap in accordance with the qualification and certification requirements set forth therein, by the dates set forth therein (“Milestone Dates”), unless such failure is due to SunPower or Force Majeure, then SunPower SunPower (i) may procure from Third Parties a MLPE having materially similar specifications to those for the Product not qualified and certified, solely for use with the applicable new module set forth in Exhibit C, until forty-five (45) days after the date that Enphase qualifies and certifies the applicable MLPE, provided that such materially similar, and previously qualified and certified, MLPE is not available from Enphase, and (ii) shall continue to purchase Enphase’s older Products that have been certified and qualified, and at the Prices set forth in Section 2.4. Purchases from Third Parties pursuant to this Section 1.3 will count towards the Total Purchase Commitment and Minimum Annual Commitments discussed in Section 2.3, but only up to the amount set forth in the Rolling Forecast for such Product plus [***]. To the extent any delays in fulfillment of the Product Roadmap are due to the acts or omissions of SunPower or Force Majeure events, the Milestone Dates shall be extended automatically by the number of days corresponding to such delay.