AM Product definition
Examples of AM Product in a sentence
For purposes of determining the location of a sale of any AM Product, the “ship to” location on the Purchase Order shall be determinative.
If the Parties agree to add new Wafers for any AM Product to be supplied to Spansion hereunder, Spansion and FSL will agree in writing in advance on the Specifications and Qualification Plan for such new Wafers.
If Spansion’s end customer notifies Spansion of an AM Product quality issue, Spansion shall conduct, at Spansion’s cost, an initial failure analysis on the relevant AM Products to confirm whether such quality issue is caused by a defect in performance of the Assembly and Test Services.
For the avoidance of doubt, following the expiration of the Exclusivity Period and Extended Manufacturing Period for any AM Product, Spansion shall not have any obligation to purchase, and FSL shall not have any obligation to manufacture or supply, Wafers for such AM Product.
Information obtained by Spansion from FSL with regard to FSL’s independent sales activities, AM Product pricing or allocation shall be subject to the obligations set forth in Section 15, and shall not be disclosed to any other Person, except as otherwise expressly permitted hereunder, including without limitation as permitted under Section 8.1.
If Engineering Wafers for a particular AM Product manufactured using a particular Process Technology have passed the applicable Qualification Plan, such Process Technology shall be deemed a Qualified Process for the Wafers for the applicable AM Product and such Wafers will thereafter be deemed Qualified.
FSL shall have the right to independently make AM Product warranties to Customers and Sub-distributors consistent with the AM Product warranty made by Spansion under this Agreement.
In the event that FSL notifies Spansion during the applicable Warranty Period that any AM Product does not conform to the warranty provisions set forth in Section 14.1, Spansion shall, at Spansion’s option, (a) [*] in accordance with the AM Product return and problem verification procedures set forth in Section 8.3, (b) [*], or (c) [*] for such defective AM Product.
FSL shall reimburse Spansion only for the following tax payments with respect to the sale of AM Product under this Agreement unless an exemption applies: state and local use taxes arising in the United States of America, value added taxes or other similar taxes on turnover (“VAT”) arising in relevant jurisdictions imposing VAT and consumption taxes arising in Japan.
Notwithstanding anything to the contrary herein, FSL shall have no right to make any commitment on behalf of Spansion with respect to AM Product availability.