SPECIFICATION CHANGE COSTS Sample Clauses

SPECIFICATION CHANGE COSTS. 5 8 EXECUTION COPY
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SPECIFICATION CHANGE COSTS. [ * ] [ * ] Certain information on this page has been omitted and filed separately with the Commission. Confidential treatment has been requested with respect to the omitted portions.
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SPECIFICATION CHANGE COSTS. In the event Sipex changes the Specifications pursuant to Section 8.1, then: The Parties shall, through good faith negotiations, agree upon all costs associated with the change to the extent that they relate to such improvements and result in savings to Silan; or If the change results in an increase in the cost of raw materials used and/or of the operation of any process of manufacture used by Silan in manufacturing Sipex Products, the Parties shall commence good faith negotiations to set a new Fixed Wafer Price for the relevant Sipex Product. If the Parties are not able to agree, after using good faith efforts to do so, Silan will continue to manufacture the relevant Sipex Product without the implementation of the change. Sipex shall give Silan reasonable notice prior to exercising its option to change Specifications, and Sipex and Silan shall exercise reasonable efforts to resolve any hardships which Silan would suffer from such change in the Specifications if Silan consents to such changes. For purposes of this Section 8.3, "costs" shall include, but not be limited to, costs relating to wafers, assembly, testing, Sipex Product Qualification costs, engineering for failure analysis, incremental equipment to run qualification Lots, and the like. For any wafers that have been manufactured in whole or in part that are required to be scrapped due to any change to Specifications, Sipex shall pay Silan the Wafer Termination Amount, calculated as set forth in Section 4.6.
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