Allocation of Products. (a) For each monthly period, the “actual net Plant production” of each Product in gallons shall be the total deliveries of that Product delivered from Buyer’s Plant.
(b) Seller’s allotment of the actual net Plant production of each Product shall be determined by multiplying Seller’s available gallons of such Product from all delivery points by a fraction, the numerator of which is the actual net Plant production of that Product and the denominator of which is the available gallons of such Product from all delivery points.
Allocation of Products. The “Company” shall use its best efforts to deliver the “Products” to the “Master Distributor”, but the “Company” shall not be liable for delays which are caused by events that are beyond its reasonable control including, but not limited to, acts of God, acts of “Master Distributor”, acts of civil or military authority, fires, casualties, accidents, strikes or other similar difficulties. In the event of a product shortage, the “Company” may allocate its available “Products” among its other “Master Distributors” and other sub-distributors and customers in such manner, as it deems best without any liability or responsibility to the “Master Distributor” or their customers.
Allocation of Products. If any event within Paragraph 14.1 shall only partially reduce Seller's ability to produce or deliver Product, Seller may prorate its available supply among Buyer and Seller's other customers in a fair and equitable manner.
Allocation of Products. In the event any Product or Product components is in short supply, Supplier shall deliver to Cisco an allocation no less favorable than that provided to any of its other customers purchasing similar quantities of similar products whether purchasing directly from Supplier or indirectly from a Supplier subsidiary. For the purpose of determining quantities purchased by Cisco under this section, Supplier shall aggregate the purchase volumes of Cisco and Cisco’s CMs under this Agreement. Supplier shall provide Cisco with as much notice as reasonably possible if it anticipates or has reason to believe that Supplier’s output of the Product will not be sufficient to meet all of Cisco’s requirements for any period. This capacity allocation right shall be in addition to any other rights and remedies of Cisco.
Allocation of Products. Dealer acknowledges that Dealer is not entitled to any priority in the supply of Products over Excelsior-Xxxxxxxxx'x other authorized dealers and customers. If at any time orders for Products exceed Excelsior-Xxxxxxxxx'x supply, Excelsior- Xxxxxxxxx may in its sole discretion allocate the supply of available Products among its dealers and customers, including Dealer, in any manner Excelsior-Xxxxxxxxx deems reasonable.
Allocation of Products. In the event any Product or Product components is in short supply, Manufacturer shall deliver to Wintec an allocation no less favorable than that provided to any of its other customers purchasing similar quantities of similar products whether purchasing directly from Manufacturer or indirectly from a Manufacturer subsidiary. Manufacturer shall provide Wintec with as much notice as reasonably possible if it anticipates or has reason to believe that Manufacturer’s output of the Product will not be sufficient to meet all of Wintec’s requirements for any period. This capacity allocation right shall be in addition to any other rights and remedies of Wintec. All Purchase Orders accepted by Manufacturer are subject to Manufacturer’s right to allocate the whole or any portion of its inventory or current Product for the use or disposition in any manner that Manufacturer deems necessary or desirable. Manufacturer shall not be liable for delay in supplying Products or for making only partial shipments against any Purchase Order placed by Wintec and accepted by Manufacturer. Minimum order quantities and minimum factory increments apply for all Purchase Orders.
Allocation of Products. If Provider is unable for any reason to supply the total demands for Products specified in your order, Provider may allocate its viable supply among any or all customers on such basis as Provider may deem fair and practical, without liability for any failure of performance which may result therefrom.
Allocation of Products. In the event any Product or Product components is in short supply, Manufacturer shall deliver to Wintec an allocation no less favorable than that provided to any of its other customers purchasing similar quantities of similar products whether purchasing directly from Manufacturer or indirectly from a Manufacturer subsidiary. Manufacturer shall provide Wintec with as Wintec Industries, Inc. - NetLogic Microsystems, Inc. & NetLogic Microsystems International Ltd. ***Confidential Treatment Requested much notice as reasonably possible if it anticipates or has reason to believe that Manufacturer’s output of the Product will not be sufficient to meet all of Wintec’s requirements for any period. This capacity allocation right shall be in addition to any other rights and remedies of Wintec. All Purchase Orders accepted by Manufacturer are subject to Manufacturer’s right to allocate the whole or any portion of its inventory or current Product for the use or disposition in any manner that Manufacturer deems necessary or desirable. Manufacturer shall not be liable for delay in supplying Products or for making only partial shipments against any Purchase Order placed by Wintec and accepted by Manufacturer. Minimum order quantities and minimum factory increments apply for all Purchase Orders.
Allocation of Products. Dealer acknowledges that Dealer is not entitled to any priority in the supply of Products over Triumph's other authorized dealers and customers. If at any time orders for Products exceed Triumph's supply, Triumph may in its sole discretion allocate the supply of available Products among its dealers and customers, including Dealer, in any manner in which Triumph deems reasonable.
Allocation of Products. If any event within Section 14.1 shall only partially reduce Seller's ability to produce or deliver Product, Seller may prorate its available supply among Buyer and Sellers other customers in a fair and equitable manner. Notwithstanding the foregoing, in the event of a Seller Force Majeure, the following priorities shall apply: (i) first priority will be given to those customers where lack of supply may pose a public health and/or safety risk (including the applicable customers of Buyer in this category); (ii) second priority will be given pro rata to Buyer and Seller's other take or pay customers who are affected by the Seller Force Majeure up to their total requirements; and (iii) third priority will be given to Seller's other customers on such basis as seller reasonably determines. This allocation applies not only to the curtailed production at the Plants affected by the Force Majeure but also to Products held in inventory in tanks at Seller's Plants. If during a Seller Force Majeure, the Take or Pay Minimum is not satisfied, Seller shall waive the requirements of Section 2.2 for so long as such Seller Force Majeure shall exist. Within 72 hours after the occurrence of any event within Section 14.1, Seller shall provide Buyer with a written allocation plan.
