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MANUFACTURING SERVICES AGREEMENT
THIS AGREEMENT (the “Agreement”) is effective as of December 30, 2007 (the “Effective Date”), by and between
POWERWAVE TECHNOLOGIES, INC. a Delaware corporation having a principal place of business at 1801 East Saint Andrew
Place, Santa Ana, California 92705, on behalf of itself and its affiliates or majority-owned subsidiaries (collectively
“CUSTOMER”) and SANMINA-SCI CORPORATION , a Delaware corporation having its principal place of business at 2700
North First Street, San Jose, California 95134, on behalf of itself and its affiliates or subsidiaries (“SANMINA-SCI”).
CUSTOMER and SANMINA-SCI are sometimes referred to herein as a “Party” and the “Parties.”
For the purpose of this Agreement:
0.1 “ Best Efforts ” shall mean, with respect to a given obligation, the efforts that a reasonable person in the promisor’s
position would use so as to perform that obligation as expeditiously as reasonably possible.
0.2 “ Business Day ” shall mean any day other than a Saturday, Sunday or a national holiday in the applicable country
where the specific obligation is to be performed. Any reference to “days” (unless “Business Days” are specified) shall mean
0.3 “ Manufacturing Specifications ” shall mean the Specifications which relate to the manufacture and testing of the
Products, and shall exclude any other Specifications (including those relating to the design, function and performance of the
0.4 “ Material ” shall mean any subassemblies, components, parts or raw materials and other materials comprising or
comprised in Products.
0.5 “ Products ” shall have the meaning set forth in Section 1.2.
0.6 “ Product and Process Documentation ” shall mean the documentation provided by CUSTOMER to be used to
manufacture Products including bills of material, approved vendor list (AVL), assembly drawings, line layouts, process
documentation, quality and inspect