Common use of Wafer Acceptance Testing Clause in Contracts

Wafer Acceptance Testing. Acceptance testing of Contract Wafers delivered to Spansion or a third party designated by Spansion will be performed by Spansion and at its expense within forty-five (45) days of receipt. If Spansion does not provide SMIC with the result of acceptance test during such forty-five (45) days period, the Contract Wafers shall be deemed to have been accepted by Spansion. SMIC will certify to Spansion with each shipment that the Contract Wafers contained in the shipment have successfully passed the applicable Probe Program and the Quality Standards. If Spansion rejects any Contract Wafers or determines that a Wafer has a different Net Die per Wafer than certified by SMIC, then Spansion and SMIC will confer and determine the reason for the rejection or the inaccurate count of Net Die per Wafer. SMIC will immediately exercise its commercially reasonable efforts to develop and implement a corrective action plan for any errors, including manufacturing errors or defects identified in its systems.