Common use of Reschedules Clause in Contracts

Reschedules. Fujitsu may reschedule the delivery of any Purchase Order or portion thereof for Standard Products, without charge, one time only, upon notice to Spansion at least thirty (30) days prior to the applicable delivery date. Standard Product reschedules may be made less than thirty (30) days prior to the applicable delivery date, but only upon the agreement of Spansion. Any reschedules on less than thirty (30) days prior notice shall be subject to reschedule fees payable to Spansion in an amount set by Spansion in advance of Fujitsu’s placement of the applicable Purchase Order. Spansion will also determine reschedule policies, procedures and rights and charges with respect to Custom Products in advance of Fujitsu’s placement of the applicable Purchase Order. Spansion will inform all distributors of its reschedule policies in respect of Standard Products and Custom Products and apply such policies to all distributors although the parties acknowledge that exceptions may be made on a case-by-case basis to address particular Customer situations. The Parties will discuss in good faith any rescheduling of delivery of Custom Products, or of Standard Products where notice of rescheduling is given less than thirty (30) days prior to the applicable delivery date, requested by Fujitsu, but the final determination will be Spansion’s.