There will be no change in the fabs' operating methods, engineering, production control processes, access, financial, investment or operational transparency, or otherwise as a result of the inclusion of the Toshiba Capacity in the Y3 Facility and the Y4 Facility.
All governmental incentives (financial or otherwise) received with respect to the Y4 Facility (including any Toshiba Capacity) shall be disclosed and the Parties will discuss such incentives and the sharing thereof based on the type of incentives.
The Parties acknowledge that each of the JVs has the right to invest in and secure production capacity and/or cleanroom space in the New Y2 Facility, the Y3 Facility, the Y4 Facility and the Y5 Facility for the production of JV BiCS Products (the cleanroom space actually so utilized for production of BiCS Products at any time, such JV's "JV BiCS Space").
The capacity ratios used to calculate output and cost allocation for the Y3 Facility and the Y4 Facility as set forth in Schedule 4.1(b)(i) to the JVRA and for the Y5 Facility as set forth in Section 7.4 of FFL Master Agreement are hereby replaced with the capacity ratios initially set forth on Schedule 12.2(d) to this Agreement and updated from time to time by the Parent Parties as mutually agreed.
The rights of each Parent Party under the JV Agreements to use a portion of its total allocated capacity in the Y3 Facility, the Y4 Facility and from the JV Space in the Y5 Facility to cause to be manufactured Proprietary NAND Flash Memory Products, subject to the conditions and limitations set forth in the JV Agreements, are hereby extended to the JV Space in the New Y2 Facility.