Volume Commitments definition
Examples of Volume Commitments in a sentence
Pursuant to the clause entitled “Consequences of Termination” and unless otherwise specified in the Agreement or a Contract, if the Agreement terminated contains a Volume Commitment(s) the Early Termination Charge will be equal to 75% of the remaining aggregate of the Volume Commitments (and a pro rata portion for any partial Contract Year), plus any amounts due under the sub-clause entitled “Services Termination”.
All determinations of whether Wafer Volume Commitments have been met during any Working Segment shall be determined at the end of such Working Segment, and all amounts to be paid in respect of portions of the Wafer Volume Commitment not purchased in accordance with this Section will be tracked monthly, and reconciled and paid at the end of each Working Segment.
Volume Commitments auto-renew at the end of the initial Volume Commitment Period, unless a Party notifies the other of its intent not to renew at least 90 days before the end of the Volume Commitment Period.
Conexant may modify or reschedule a Purchase Order Release (in whole or in part) as set forth in this Section 3.7; provided that Conexant meets its Wafer Volume Commitments.
Company will have the right to review the allocation of Wafer Volume Commitments, Wafer Credits, and other rights hereunder partitioned and assigned to each Participating Spin-off, and Conexant will work in good faith with Company to resolve any reasonable objections that the Company may have to such allocation.
If Conexant and Participating Spin-offs partition Wafer Volume Commitments as set forth above, the determination of whether the Wafer Volume Commitment is met will be determined on a collective basis, and no additional payments to meet the Wafer Volume Commitment will be due to Company if the total number of Wafers purchased by Conexant and Participating Spin-offs is sufficient to meet or exceed the applicable Wafer Volume Commitment.
Any and all Undedicated Shipper Gas and any Gas delivered by a party other than the Preferential Capacity Shippers (collectively, “Third Party Gas”), shall be treated as Shipper Gas for purposes of calculating the Annual Volume Commitments and Total Volume Commitment.
Notwithstanding the above, in no event shall the Gathering Fee for the term of the Agreement exceed [***] or be less than [***] excluding adjustments to the Gathering Fee that result from operation of the following provisions in the Gathering and Treating Agreement: Subsection 4.2 (Annual Escalation), Subsection 9.2 (Annual Volume Commitments), Subsection 10 (Favored Nations), and Subsection 8.1(c) (Pressure), Section 6 (Expansion Capacity), and Section 7 (Additional Services).
Conexant’s Wafer Volume Commitments, in MPD, are calculated as follows: Period I: [...***...] WSPD x [...***...] = [...***...] MPD Period II: [...***...] WOPD x [...***...] = [...***...] MPD Period III: [...***...] WOPD x [...***...] = [...***...] MPD These Wafer Volume Commitments include up to […***…] Engineering Wafers.
For determining compliance with the Wafer Volume Commitments, the number of MPD utilized by Conexant will be determined by converting the total quantity and type of Wafers purchased by Conexant during the calendar year to moves based on the conversion table attached as Exhibit B – Schedule 2 and dividing this number by 364 days.