Ability to Supply. During the Term, SELLER shall commit to supply Product that meets the Specifications, in accordance with the terms of this Contract.
Ability to Supply. During the Term, Seller shall maintain in full force and effect the capability to supply Biodiesel sufficient to meet Seller’s obligations under this Contract.
Ability to Supply. During the Original Term, Seller shall maintain in full force and effect the capability to supply Biodiesel sufficient to meet Seller’s obligations under this Contract. Upon Hawaiian Electric’s reasonable request, Seller shall provide Hawaiian Electric assurances of Seller’s ability to perform under this Contract. Hawaiian Electric and Seller shall, following the Execution Date, mutually define and agree upon the specific assurances to be provided under this Section 7.1.
Ability to Supply. As of the date hereof, Licensor represents and warrants to Licensee that it presently has and shall have the ability to supply the aforesaid essential components to the Licensee or its designated recipient.
Ability to Supply. Flextronics will provide Nortel Networks preferential treatment with respect to security of supply of the Products. However, if Flextronics does not have sufficient supply of the Products to meet Flextronics’s Allocation of Nortel Networks requirements, Nortel Networks may source some or all of the portion of Flextronics’s Allocation that Flextronics is unable to supply from other suppliers. If Flextronics continues to be able to supply 50% or more of Flextronics’s Allocation of Nortel Networks requirements during the period when Flextronics is unable to meet all of Nortel Networks requirements, then Nortel Networks will return the sourcing of the affected Products to Flextronics at the end of this period. If Flextronics is not able to supply such level of Nortel Networks requirements, then the revenue associated with the affected Products will be subject to Section 1.3.5 Nortel Networks may exercise any of its rights to source from alternative suppliers as provided in subsections (A) – (E) above, upon 90 days written notice. In any situation where Flextronics disputes the reason for such exercise of Nortel Networks rights, Flextronics shall, within fifteen days of receiving such notice, forward the dispute to the Issue Resolution and Escalation Process.
Ability to Supply. During the Original Term and any Extension, Seller shall maintain in full force and effect the capability to supply Fuel sufficient to meet Seller’s obligations under this Contract. Upon Hawaiian Electric’s reasonable request, Seller shall provide Hawaiian Electric assurances of Seller’s ability to perform under this Contract.
Ability to Supply. 7.1 The Company may accept or refuse any Order for Goods in its absolute discretion and may make its acceptance of an Order conditional upon a satisfactory credit assessment of the Customer.
7.2 The Customer acknowledges and agrees that any Order placed with the Company is placed in acknowledgment of, and agreement with, the terms and conditions of the Service Offer.
7.3 The Company will, in addition to any terms and conditions set out herein, acknowledge, accept or cancel an Order in compliance with the terms and conditions set out in the Service Offer.
7.4 Reasonable commercial efforts will be made to fulfil accepted Orders placed with the Company, but if the Company’s ability to do so is affected (directly or indirectly and whether by circumstance already existing or otherwise) by strikes, lockouts, rise in freight, duties or other charges, acts of God, or by any cause whatsoever, it shall have the right:
(a) to elect to extend the time for fulfilment of the Order or compliance with any delivery or completion date;
(b) to alter the specifications for the Goods so as to allow the substitution of equivalent Goods; or
(c) to terminate the Order without liability for breach of contract or for any antecedent breach. In any event, the Company will be entitled to full payment for all Goods which have been delivered. The Company will not be liable for any loss, including consequential loss and loss of profits, arising from any delay in its performance of the contract or the early termination of any Order.
Ability to Supply. During the Term of this Contract, Seller shall maintain in full force and affect the capability to supply Fuel sufficient to meet Seller’s obligation under this Contract. Upon the Companies’ reasonable request, Seller shall provide the Companies assurances of Seller’s ability to perform under this Contract.
Ability to Supply. On and after the Commencement Date, Seller shall maintain the capability to produce, or maintain an enforceable agreement with a Biodiesel producer to supply Biodiesel sufficient to meet Seller’s obligations under this Contract. [****] Certain information on this page has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions.
Ability to Supply. Throughout the Initial Term and any Extension, Seller shall supply the Product in conformance with the Specifications in the amounts necessary to meet all of Seller’s obligations under this Agreement.
