Common use of Production Threshold Clause in Contracts

Production Threshold. Any obligation of Micron to pay Intermolecular a [***]Fee identified in a Project SOW, or a portion thereof (in the case of multiple Triggers), shall be conditioned upon Micron's satisfaction of a Production Threshold once Intermolecular has provided Micron with the Deliverables satisfying one or more Triggers. Micron shall notify Intermolecular within [***] of Micron's initial satisfaction of a Production Threshold related to a Project SOW. Micron will also use reasonable efforts to respond to written inquiries from Intermolecular at reasonable intervals, regarding the timing of any initial product qualification with respect to which Deliverables that satisfy one or more Triggers from a Project SOW are included for the first time in DRAM wafers. Notwithstanding anything to the contrary in the Agreement, this Development Program or any Project SOW, in no event shall Micron ever have an obligation to pay more than a single [***]Fee to Intermolecular in connection with any Project SOW, regardless of Micron's use of related Deliverables, Technology and Intellectual Property in any manner. Similarly, notwithstanding anything to the contrary in the Agreement, this Development Program or any Project SOW, in no event shall Micron ever have an obligation to pay any amount to Intermolecular with respect to any Technology provided by Intermolecular to [***] or Micron relating to [***] or any [***], as referenced in Section [***] of the [***] (except solely to the extent of any eventual [***] by Micron in relation to the [***] [***] referenced in Section 2.1 of the Agreement).

Production Threshold. Any obligation of Micron to pay Intermolecular a [***]Fee identified in a Project SOW, or a portion thereof (in the case of multiple Triggers), shall be conditioned upon Micron's satisfaction of a Production Threshold once Intermolecular has provided Micron with the Deliverables satisfying one or more Triggers. Micron shall notify Intermolecular within [***] of Micron's initial satisfaction of a Production Threshold related to a Project SOW. Micron will also use reasonable efforts to effortsto respond to written inquiries from Intermolecular at reasonable intervals, regarding the timing of any initial product qualification with respect to which Deliverables that satisfy one or more Triggers from a Project SOW are included for the first time in DRAM production wafers. Notwithstanding anything to the contrary in the Agreement, this Development Program or any Project SOW, in no event shall Micron ever have an obligation to pay more than a single [***]Fee to Intermolecular in connection with any Project SOW, regardless of Micron's use of related Deliverables, Technology and Intellectual Property in any manner. Similarly, notwithstanding anything to the contrary in the Agreement, this Development Program or any Project SOW, in no event shall Micron ever have an obligation to pay any amount to Intermolecular with respect to any Technology provided by Intermolecular to [***] or Micron relating to [***] or any [***], as referenced in Section [***] of the [***] (except solely to the extent of any eventual [***] by Micron in relation to the [***] referenced in Section Page 32 of 32 [***] referenced Certain information in Section this document has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions. 2.1 of the Agreement).

Production Threshold. Any obligation of Micron to pay Intermolecular a [***]Fee identified in a Project SOW, or a portion thereof (in the case of multiple Triggers), shall be conditioned upon Micron's satisfaction of a Production Threshold once Intermolecular has provided Micron with the Deliverables satisfying one or more Triggers. Micron shall notify Intermolecular within [***] of Micron's initial satisfaction of a Production Threshold related to a Project SOW. Micron will also use reasonable efforts to effortsto respond to written inquiries from Intermolecular at reasonable intervals, regarding the timing of any initial product qualification with respect to which Deliverables that satisfy one or more Triggers from a Project SOW are included for the first time in DRAM production wafers. Notwithstanding anything to the contrary in the Agreement, this Development Program or any Project SOW, in no event shall Micron ever have an obligation to pay more than a single [***]Fee to Intermolecular in connection with any Project SOW, regardless of Micron's use of related Deliverables, Technology and Intellectual Property in any manner. Similarly, notwithstanding anything to the contrary in the Agreement, this Development Program or any Project SOW, in no event shall Micron ever have an obligation to pay any amount to Intermolecular with respect to any Technology provided by Intermolecular to [***] or Micron relating to [***] or any [***], as referenced in Section [***] of the [***] (except solely to the extent of any eventual [***] by Micron in relation to the [***] [***] referenced in Section Section 2.1 of the Agreement).