Capacity Allocation. Banedanmark allocates capacity on behalf of ØSB. The RU is allocated the capacity to carry out train operation. Allocation is granted annually on the basis of a specific application from the RU and Banedanmark provides a written confirmation on the awarded capacity allocation. Additional capacity for occasional transport may also be allocated. The allocation principles are set forth in the applicable executive order on allocation of railway infrastructure capacity (paths) etc. Deadlines for application and allocation of capacity are provided on Banedanmark’s website. As part of the capacity allocation process the parties must exchange data. Banedanmark continually makes infrastructure data available for the RU. The RU submits rolling stock data and production data to Banedanmark. To preserve the right to allocated paths, the RU must utilize these. If the RU partly or totally ceases to utilize allocated paths, the RU is obliged to inform Banedanmark immediately and without any undue delay. If the RU does not wish to utilize the allocated path, the path must be cancelled. Such cancellation is subject to a charge. The determination of such charge is governed by the applicable executive order on infrastructure charges etc. for the State’s rail network. The first day of every month, Banedanmark quantifies the utilized capacity compared to the volume of allocated capacity. In order to ensure optimal utilization of the capacity, Banedanmark may revoke one or more paths, if less than 75 % is used within at least a month of the allocated capacity. Banedanmark’s right to revoke does not apply if the decreased utilization of the capacity is due to circumstances outside the influence of the RU. In case of congested infrastructure the Danish Transport and Construction Agency will, according to the applicable executive order on allocation of railway infrastructure capacity (paths) etc., determine the threshold for when Banedanmark may revoke utilization of one or more paths. Passenger and freight traffic not carried out as a public service is subject to applicable law on allocation of rail way infrastructure capacity (paths) etc. stating that the RU reserves the right to 90 % of the paths from previous capacity allocated on all tracks from one allocation period to the next, if an application is submitted. Optional paths may be revoked by Banedanmark on prior agreement between the RU and Banedanmark. However, Banedanmark reserves the right to revoke a given path without ...
Capacity Allocation. In the event that Manufacturer fails to manufacture and deliver Product in accordance with accepted Purchase Orders or applicable Specifications, Manufacturer shall notify Customer promptly, including details of the reasons for the failure and Manufacturer’s estimated timeline of when the failure will be corrected. Manufacturer shall be solely responsible for undertaking commercially reasonable measures to minimize any shortage of Product delivered to Customer as a result of such manufacturing issues. If Manufacturer fails to manufacture and deliver Product in accordance with accepted Purchase Orders or applicable Specifications by the delivery date specified in the applicable Purchase Order(s) in accordance with Section 2.4(d), other than due to a Force Majeure Event, (i) for a period of two (2) or more months past such delivery date four (4) or more times in any rolling twelve (12) month period, or (ii) for a period of four (4) or more months past such delivery date on one occasion (each of (i) and (ii), a “Triggering Event”), then Manufacturer shall use its best efforts to allocate on a quarterly basis its manufacturing capacity and Product Materials to the manufacture and supply of Products for Customer on a ratable basis based on the use of each during the twelve (12)-month period immediately preceding such Triggering Event (or either (1) the Term of the applicable Facility Addendum, if the Term is less than twelve (12) months, or (2) such other period set forth in the applicable Facility Addendum); provided that (A) if Customer’s Minimum Order Quantity for the applicable Product(s) exceeds its ratable allocation of manufacturing capacity or Product Materials (as applicable) for the applicable quarter, Customer shall continue to accrue its allocation of capacity until such quarter when Customer’s allocation of capacity is equal to or greater than its accrued allocation of capacity and (B) this Section 2.5(a) shall not apply to the extent that Customer fails to timely provide adequate Customer-Supplied Materials or Buy-Sell Materials to Manufacturer in accordance with Section 12. For the avoidance of doubt, Manufacturer shall notify Customer promptly in writing of any anticipated Triggering Event when Manufacturer has reason to believe that such Triggering Event is likely to occur and provide such information with respect to such anticipated Triggering Event as Customer may reasonably request.
Capacity Allocation. In the event HMRI, upon receiving a forecast pursuant to Section 2.6 or a firm order pursuant to Section 2.7, is or anticipates that it will be unable to meet such forecast or firm order, either in whole or in part, then HMRI shall give written notice of such inability to Rugby within ten (10) days of receipt of such forecast or firm order. HMRI and Rugby shall meet within ten (10) days of such written notice to consider alternatives for meeting Rugby's requirements for Product, including but not limited to the sharing of the cost to expand HMRI's manufacturing capacity.
Capacity Allocation. Xxxxxx Capacity portion of Customer’s Allocation in Kilowatts (kW) at the Point of Delivery: Xxxxxx A Capacity (kW) Xxxxxx B Capacity (kW) Xxxxxx D Capacity (kW) Total Capacity (kW)
Capacity Allocation. Promptly after execution of this Agreement and from time to time thereafter as needed, PBI and HWC shall agree upon the production capacity of the combined lab facilities of PBI and HWC dedicated to the Wound Care Business (the “Capacity”). On a monthly basis, twenty percent (20%) of the Capacity shall be allocated to production for sales to Specified Accounts and the remaining eighty percent (80%) shall be allocated to production for all other sales. If on the 15th day of the preceding month sales scheduled for production in a given month are insufficient to fill either allocation of Capacity, then the allocation shall be withdrawn for that month to allow the shortfall to be completed by sales to any accounts.
Capacity Allocation. Without limiting NXP’s order acceptance obligations under Section 6.3 (Order Acceptance), in situations where NXP is manufacturing at full capacity and is required to allocate its production capacity among its fab customers, NXP will offer the Customer the same opportunities as it offers NXP’s best fab customers to receive expedited production (subject to payment of expedite fees, as set forth in Annex C-2, which shall be on par with the expedite fees charged to such customers). For purposes of this section, “fab customers” include not only NXP’s direct foundry customers (which engage NXP to manufacture such customer’s products on a foundry basis), but also NXP’s customers that purchase NXP’s own products manufactured at NXP’s fab.
Capacity Allocation. (a) When pursuant to nominations hereunder, there shall be offered to Transporter more Crude Petroleum than can be immediately gathered and/or transported, the gathering and/or transportation shall be apportioned among all Shippers by Transporter on a just and reasonable basis.
Capacity Allocation. 5.6.1 Notwithstanding anything herein to the contrary or anything to the contrary in any Purchase Order or Forecast, Seller shall not be obligated to supply Purchaser (regardless of amounts ordered by Purchaser), more than the then applicable Maximum Annual Product Units during a twelve month period. Without limiting the foregoing, any Purchase Order or Forecast submitted by Purchaser hereunder for more than the then applicable Maximum Annual Product Units shall, to the extent of the excess, be deemed rejected by Seller, unless expressly accepted by Seller in writing. As used herein, the term “Maximum Annual Product Units” shall mean for the period ending twelve full calendar months from the First Commercial Sale and for each twelve month period thereafter, [***] of the total units of branded and generic Lovenox® product (including the brand name product, the Product, any Authorized Generic Product and any Competitive Product) sold for distribution into the Territory for the immediately preceding calendar year as reported by IMS Health (or such other nationally recognized data compilation source as mutually agreed); provided that, if the First Commercial Sale occurs during calendar year 2005, then the Maximum Annual Product Units for the period ending twelve full calendar months from the First Commercial Sale shall be deemed to be [***] of Product. For each twelve month period beginning after the First Commercial Sale (other than as provided above if the First Commercial Sale occurs in calendar year 2005), the Maximum Annual Product Units shall be established as soon as data from IMS Health (or such other nationally recognized source as mutually agreed) for the immediately preceding calendar year becomes available to the parties and once the Maximum Annual Product Units for the then current twelve month period is established, it shall be effective retroactively to the beginning of and shall be fixed through such twelve month period. Without limiting the foregoing, but by way of example: If the First Commercial Sale occurs on September 1, 2005, then the Maximum Annual Product Units for the twelve month period ending with August 31, 2006 would be [***] units of [***] Confidential Treatment Requested.
Capacity Allocation. 1. In case the Storage Service Provider does not set a Minimum Bid Price in accordance with Article 3, para. 2. of the T&C Online Auction the Storage Service Provider is entitled to not accept offers by Authorized Storage Customers, if such offers do not meet certain economic criteria laid down by the Storage Service Provider. The Storage Service provider is not obliged to publish any economic criteria also in relation to the determination of the Minimum Bid Price but may apply such criteria to all Authorized Storage Customers in a non-discriminatory manner.
2. All accepted offers will be evaluated by the Storage Service Provider which allocates its Storage Capacities without discrimination in correspondence to the offers. The highest offers will be allocated preferentially. The amount of allocated bundled/unbundled capacity depends on the availability of such capacity.
3. All offers meeting the economic criteria of the Storage Service Provider will be allocated and respectively accepted in a non-discriminatory manner. The Storage Service Provider will allocate the requested bundled and/or un-bundled Storage Capacity to the available bundled and/or unbundled Storage Capacity. The Fixed Storage Fee for the allocated bundled and/or unbundled Storage capacity depends on the binding offer of the Authorized Storage Customer per bundle/unbundled capacity and will be multiplied with the allocated bundles/unbundled capacity. In case the requests by Authorized Storage Customers exceed the available bundled/unbundled capacity the offer representing the highest Storage Services Fee per bundle or unbundled Storage Capacity will be preferentially allocated.
4. An offer meeting the economic criteria of EPG can also be partially accepted by EPG in case it cannot be accepted in its entirety due to insufficient availability of bundles or unbundled Storage Capacity.
5. In case of two or more bids of the same Fixed Storage Fee meet the economic criteria of EPG and cannot be accepted in its entirety the available bundled or unbundled Storage Capacity will be allocated pro rata. All same bids related to Storage Capacity shall be summed up and the respective share of bids shall be determined. Depending on that share relation the remaining storage capacities shall be allocated pro rata. In that context the allocated number of bundles might be rounded down to an integer, if necessary.
6. All capacities auctioned in Auction No. 3/2023 are available on firm basis.
B. Final provisio...
Capacity Allocation. In the event Supplier, upon receiving a Forecast, is, or anticipates that it will be, unable to meet such Forecast, either in whole or in part, then Supplier shall give Buyer prompt written notice of such inability or potential inability within ten (10) business days of receipt of such Forecast. Supplier and Buyer shall meet within ten (10) business days of written notice by Supplier to Buyer to consider alternatives for meeting Buyer’s requirements for Products, including, but not limited to, outsourcing to third-party manufacturers and expanding Supplier’s manufacturing capacity. Notwithstanding anything to contrary set forth herein, from and after the date on which Supplier notifies Buyer in writing of its inability to manufacture or subcontract the manufacture (to the reasonable satisfaction of Buyer) in accordance with a Forecast, Buyer shall have the right to purchase Products from a third-party manufacturer in the amount that Supplier has indicated it is unable or may be unable to manufacture and package or subcontract the manufacturing and packaging thereof (to the reasonable satisfaction of Buyer) in such notice.
