Option Capacity definition
Examples of Option Capacity in a sentence
In the event of termination of this Agreement, each party shall remain liable to the other party for any outstanding and matured rights and obligations at the time of termination, including payment of the Option Fee applicable to the used Option Capacity and for the wafers already ordered and shipped to Customer.
The Option Fee, once paid, shall be non-refundable, except as provided in Section 6(a) and Section 7(d), and will be credited against payments due for wafers purchased by Customer for the Option Capacity provided by TSMC under this Agreement.
If a suspension continues for a period of one (1) Year or more, then FVMWC may give notice of termination of the provisions of this Agreement insofar as the same entitle SMWD to the SMWD Base Allotment and the SMWD Option Capacity, which notice shall be effective within thirty (30) days thereof unless such termination shall be enjoined, stayed or otherwise delayed by judicial action.
Both parties shall remain liable to the other party for any outstanding and matured rights and obligations at the time of termination, including all outstanding payments of the Option Fee applicable to the used Option Capacity and for the wafers already ordered and/or shipped to Customer.
In any calendar year, the orders placed by Customer shall first apply to fulfill 90% of the Base Capacity portion, and then the Option Capacity.
Except that TSMC exercises its first right of refusal or the Customer assigns its purchase rights and obligations, pursuant to Section 6 below, the Option Fee, once paid, shall be non-refundable except as provided in Section 7(d), but will be credited against payments due for wafers purchased by Customer from the Option Capacity provided by TSMC under this Agreement.
In the event Altera terminates this Agreement pursuant to Section 7(c) or Section 16, any advance payment of the Option Fee applicable to the unused and/or unprovided Option Capacity shall be refunded and any promissory note therefor shall be returned.
Notwithstanding the foregoing, SMWD shall have the right to transfer either or both of the SMWD Base Allotment and the SMWD Option Capacity or its storage rights in the Project on an annual or long-term basis without the payment of any additional fee or charge to FVMWC.
In any calendar year, the orders placed by Customer or its Affiliates shall first apply to fulfill the Base Capacity portion of the Customer Committed Capacity, and then the Option Capacity portion.
Further, to the extent that there is unused capacity in the Project, SMWD shall have the right to make use of its SMWD Option Capacity on an as-needed annual basis without any long term commitment upon giving notice to FVMWC and paying all applicable charges for such water.