Capacity Constraints. Clearwire reserves the right to restrict the use of the capabilities and services made available to Licensee as a Preferred Content Provider under this Section 7(j) if such use is no longer commercially and technically feasible due to limitations in network capabilities. Clearwire shall comply with the provisions of this Agreement to ensure timely access to information about capacity usage and permit Licensee a reasonable opportunity to secure alternative access.
Capacity Constraints. Certain Products for which Shared Tooling will be used (“Shared Products”) are available from suppliers in limited quantities and may be subject to capacity constraints. If, at any time, Gateway’s and MPC’s combined demand for a Shared Product exceeds the amount available from the supplier, then the supply of that Shared Product will be allocated eighty percent (80%) to Gateway and twenty percent (20%) to MPC (“Allocated Percentages”). However, if a Party’s demand for the Shared Product is less than its Allocated Percentage, then the difference between its demand and its Allocated Percentage shall go to the other Party.
Capacity Constraints. 24.1 If GSK or the Nominated Manufacturer is unable to Manufacture the quantities of Products forecasted or ordered by the Purchaser due to:
(A) shortages of Materials that are used both in the Manufacture of Products and in the manufacture of products for the GSK Group or its Third Party customers; or
(B) constraints on the capacity at:
Capacity Constraints. MYT acknowledges and agrees that in the event its capacity to manufacture Products becomes constrained, with the result that MYT cannot fill all of DT's Product orders: 1) up to forty percent (40%) of its available manufacturing capacity must be used to manufacture Products ordered by or on behalf of DT [*****], and 2) DT may otherwise allocate the remaining MYT manufacturing capacity among DT's other customers, including MYT, in any manner determined solely in the discretion of DT.
Capacity Constraints. 25.1 If GSK or the Nominated Manufacturer is unable to Manufacture the quantities of Products forecasted or ordered by the Purchaser due to:
(A) shortages of Materials that are used both in the Manufacture of Products and in the manufacture of products for the GSK Group or its Third Party customers; or
(B) constraints on the capacity at:
(i) the Manufacturing Site; or
(ii) any manufacturing site operated by the GSK Group at which any Materials are manufactured, (the “Affected Site”), in each case including as a result of any repair or remediation being required in respect of the Affected Site or any equipment at the Affected Site that is used in the Manufacture of Products or Materials (as applicable), and provided that such capacity constraints are outside of the reasonable control of GSK or any of its Affiliates, then, without prejudice to Clause 24 (Force Majeure), Clauses 25.2 and 25.3 shall apply.
25.2 In the circumstances contemplated by Clause 25.1, GSK shall (or shall procure that its Affiliate shall), subject to Clause 25.5, allocate the available Materials, or available capacity at the Affected Site, between:
(A) the Products; CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, MARKED BY [***], HAS BEEN OMITTED BECAUSE DERMAVANT SCIENCES LTD. HAS DETERMINED THE INFORMATION (I) IS NOT MATERIAL AND (II) WOULD LIKELY CAUSE COMPETITIVE HARM TO DERMAVANT SCIENCES LTD. IF PUBLICLY DISCLOSED.
(B) products manufactured by the GSK Group for Commercialisation by the GSK Group that rely on the same Materials or Affected Site; and
(C) products manufactured by the GSK Group for Commercialisation by its Third Party customers that rely on the same Materials or Affected Site, (collectively, the “Affected Products”) in a fair and reasonable manner as if all Affected Products were to be Commercialised by and for the sole benefit of the GSK Group, taking account of all relevant factors, including the indications of each Affected Product, the risk and likely duration of any stock out of each Affected Product, the availability in the relevant jurisdiction of alternatives to each Affected Product and whether or not each Affected Product is medically critical (the “Allocation”).
25.3 In the circumstances contemplated by Clause 25.1:
(A) the Purchaser shall, on request, provide GSK or its Affiliate with such information as GSK or its Affiliate may reasonably require in order to determine the Allocation in accordance with Clause 25.2;
(B) notwithstanding anythin...
Capacity Constraints. On a quarterly basis, or as requested by Dell, BROCADE agrees to provide ramping and capacity plans ("Capacity Plan") to Dell (in a format acceptable to Dell) to ensure continuity of supply. This Capacity Plan shall include percent available capacity and utilization. In the event that BROCADE's total manufacturing production exceeds [*] of available capacity, BROCADE agrees to put in place the additional manufacturing capacity required to achieve and maintain a [*] manufacturing upside capability to the current Dell forecast [*].
Capacity Constraints. If orders for the Product exceed Seller's capacity, Seller shall allocate available capacity on a basis Seller, in its reasonable discretion, deems equitable; provided, that, Buyer shall be treated on the same basis as Seller’s most favored, similarly situated customer (whether commercial or governmental), based on pending dollar volume of orders. In addition, the Parties shall discuss in good faith a mutually acceptable course of action to rectify such capacity constraint as soon as possible. *** Confidential treatment requested.
Capacity Constraints. A. In the event there is an insufficient District water supply, or the capacities of the District’s delivery system to deliver water to all participating lands in the Landowner Banking Program is insufficient, determination of which Banking Facilities the District shall use will be based on various factors, including but not limited to percolation efficiency, evaporation rates, water quality, recharge capacities, operational issues, and any other factor deemed appropriate by the District.
B. In the event that multiple Landowners request to use the District’s Recharge Facilities and such Banking Facility capacities are limited, available capacities beyond the District’s own use will be apportioned by the District among the number of participating Landowners that desire to bank water, depending upon timing, quantity, and quality of supplies, and any other factor deemed appropriate by the District.
Capacity Constraints. Notwithstanding anything to the contrary in this Agreement, the parties acknowledge that Halo’s capacity to manufacture Product at the Manufacturing Site using the IM Machines [*****]. Accordingly, unless and until Product manufacturing [*****] is validated and/or the parties successfully introduce and validate a manufacturing process involving [*****], in no event shall Client’s Forecasts or orders exceed the foregoing capacity. Following validation of manufacturing [*****] and following validation of a manufacturing process involving [*****], the parties shall discuss in good faith an increase to Client’s maximum Forecast and order quantities based on Halo’s capacity at the Manufacturing Site using the IM Machines.
Capacity Constraints. The availability of complementary paratransit service to ADA paratransit eligible individuals shall not be limited by any practice or operational pattern that significantly limits the availability of service to ADA eligible persons. Such practices or patterns include, but are not limited to, the following:
(1) Restrictions on the number of trips that will be provided;
(2) Waiting lists for access to the service;
(3) Substantial numbers of significantly untimely pickups for initial or return trips;
(4) Substantial numbers of trip denials or missed trips:
(5) Substantial numbers of trips with excessive trip lengths.
