Acceptance of Forecast; Capacity Additions Sample Clauses

Acceptance of Forecast; Capacity Additions. Within thirty (30) ------------------------------------------ days of receipt of Cutanix' forecast, Centaur will notify Cutanix whether it accepts such forecast. Centaur shall accept such forecast unless (i) deliveries forecasted in any consecutive three (3) month period exceed deliveries in every consecutive three (3) month period in the forecast prior thereto which had most recently been accepted by Centaur and (ii) Centaur does not expect to have capacity available in its manufacturing facilities which can produce the forecasted requirements in a commercially reasonable manner. If Centaur does not accept Cutanix' forecast, Centaur will provide Cutanix with its assessment of its lowest cost alternatives to add sufficient capacity to meet Cutanix' forecasted delivery requirements and the amounts of production that would be required in order for Centaur to recover through depreciation charges the capital costs of such alternative investments under Section 4(f)(i)(e) hereof. Subject to Cutanix making a commitment to purchase the full amount of production referred to in the preceding sentence (a "Minimum Purchase Commitment"), Centaur shall promptly take whatever steps are reasonably necessary to add such capacity and shall accept Cutanix' forecast as presented, or as revised by mutual agreement. Any capacity added in reliance upon a Cutanix Minimum Purchase Commitment shall be made available preferentially, though not exclusively, to Cutanix. Any product manufactured utilizing such capacity, whether for Cutanix or otherwise, will be credited against Cutanix' Minimum Purchase Commitment with respect to such capacity. If Centaur fails to provide Cutanix within sixty (60) days of receipt of Cutanix' forecast with commercially reasonable alternatives for adding sufficient capacity to meet such forecast, Cutanix may terminate the Exclusive Period. The test for commercial reasonableness shall include consideration of the magnitude of the commitments required by either party in light of their respective financial resources. In the event that Centaur provides a commercially reasonable alternative for adding sufficient capacity to meet Cutanix' forecast but Cutanix fails to undertake the requisite Minimum Purchase Commitment, the new accepted forecast shall be deemed to be the one with the greatest equal monthly deliveries which does not violate the condition set forth in clause (i) of this Section 4(c), above. If Centaur adds capacity for Cutanix in reliance on a M...
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Related to Acceptance of Forecast; Capacity Additions

  • Quality Specifications SANMINA-SCI shall comply with the quality specifications set forth in its Quality Manual, incorporated by reference herein, a copy of which is available from SANMINA-SCI upon request.

  • Acceptance of Appointment; Standard of Performance Adviser accepts the appointment as discretionary portfolio manager and agrees to use its best professional judgment to make timely investment decisions for the Fund in accordance with the provisions of this Agreement.

  • Acceptance of Engagement The successor Servicer will accept its engagement by assuming the Servicer’s obligations under this Agreement or entering into an amendment to this Agreement or a new servicing agreement on substantially the same terms as this Agreement, in a form acceptable to the Owner Trustee and the Indenture Trustee. The successor Servicer will deliver a copy of the assumption, amendment or new servicing agreement to the other parties and the Indenture Trustee. The successor Servicer will accept its engagement as Administrator according to Section 3.5 of the Administration Agreement. Promptly following a successor Servicer’s acceptance of its engagement, the Indenture Trustee will notify the Issuer, the Owner Trustee and the Secured Parties of the engagement. On receipt of a notice of engagement, the Issuer will promptly notify the Rating Agencies and the Asset Representations Reviewer and the Owner Trustee will promptly notify the holder of the Residual Interest.

  • Acceptance Testing The MCP must have the capability to report all elements in the Minimum Data Set as set forth in the ODJFS Encounter Data Specifications and must submit a test file in the ODJFS-specified medium in the required formats prior to contracting or prior to an information systems replacement or update. Acceptance testing of encounter data is required as specified in Section 29(a)(v) of this Appendix.

  • Asset Review Process Limitations The Asset Representations Reviewer will have no obligation:

  • Review Process Limitations The Asset Representations Reviewer will have no obligation:

  • Additional Work Upon Tenant's request and submission by Tenant (at Tenant's sole cost and expense) of the necessary information and/or plans and specifications for work other than the Work described in the Working Drawings ("Additional Work") and the approval by Landlord of such Additional Work, which approval Landlord agrees shall not be unreasonably withheld, Landlord shall perform such Additional Work, at Tenant's sole cost and expense, subject, however, to the following provisions of this Paragraph 7. Prior to commencing any Additional Work requested by Tenant, Landlord shall submit to Tenant a written statement of the cost of such Additional Work, which cost shall include a fee payable to Landlord in the amount of 15% of the total cost of such Additional Work as compensation to Landlord for monitoring the Additional Work and for administration, overhead and field supervision associated with the Additional Work and an additional charge payable to Landlord in the amount of 5% of the total Cost of the Additional Work as compensation for Landlord's general conditions (such fee and additional charge being hereinafter referred to collectively as "Landlord's Additional Compensation"), and, concurrently with such statement of cost, Landlord shall also submit to Tenant a proposed tenant extra order (the "TEO") for the Additional Work in the standard form then in use by Landlord. Tenant shall execute and deliver to Landlord such TEO and shall pay to Landlord the entire cost of the Additional Work, including Landlord's Additional Compensation (as reflected in Landlord's statement of such cost), within five (5) days after Landlord's submission of such statement and TEO to Tenant. If Tenant fails to execute or deliver such TEO or pay the entire cost of such Additional Work within such 5-day period, then Landlord shall not be obligated to do any of the Additional Work and may proceed to do only the Work, as specified in the Working Drawings.

  • Change Orders Tenant shall have the right, in accordance herewith, to submit for Landlord's approval change proposals subsequent to the completion of the Approved Tenant Improvement Construction Documents (each, a "Tenant Improvement Work Change Proposal"). Landlord agrees to respond to any such Tenant Improvement Work Change Proposal within such time as is reasonably necessary, but no more than five (5) business days, after the submission thereof by Tenant (unless Landlord has previously advised Tenant that a longer time period is reasonably necessary due to the nature and scope of the Tenant Improvement Work Change Proposal, together with Landlord's good faith estimate as to the amount of additional time that will be necessary, or the fact that the information provided by Tenant in the Tenant Improvement Work Change Proposal is insufficient for the purposes of enabling Landlord to make the determination set forth herein), advising Tenant of any items which Landlord in good faith reasonably believes are inconsistent with the design, cost and construction schedule for the Base Building Work, as well as specifying (subject to the terms of Section 5.2 below) whether any alterations, additions or improvements shown in the Tenant Improvement Work Change Proposal must be removed by Tenant upon the expiration or earlier termination of the Term ("Landlord's Tenant Improvement Work Change Order Response") (it being understood and agreed that Landlord's failure to respond within said five (5) business day period shall be deemed to constitute Landlord's approval of the Tenant Improvement Work Change Proposal and determination that none of the items shown thereon are to be removed by Tenant at the expiration or earlier termination of the Term). Tenant shall have the right to then proceed with or withdraw such Tenant Improvement Work Change Proposal within five (5) business days after receipt of Landlord's Tenant Improvement Work Change Order Response. If Tenant fails to respond to Landlord's Tenant Improvement Work Change Order Response within such five (5) business day period, such Tenant Improvement Work Change Proposal shall be deemed withdrawn. If Tenant proceeds with such Tenant Improvement Work Change Proposal, then such Tenant Improvement Work Change Proposal shall be deemed to be a part of the Approved Tenant Improvement Construction Documents for the purposes of this Article III.

  • Statement of Work Independently and not as an agent of the Government, the Contractor shall furnish all the necessary services, qualified personnel, material, equipment, and facilities, not otherwise provided by the Government as needed to perform the Statement of Work, SECTION J, ATTACHMENT 1, April 30, 2004, attached hereto and made a part of this contract.

  • Scope of Work The Service Provider is to provide the Customer with the following services (the “Services”): Company Administration. The services will include any other tasks which the Customer and the Service Provider may agree on.

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