Common use of CAPACITY UPSIDE Clause in Contracts

CAPACITY UPSIDE. Supplier agrees to maintain sufficient manufacturing capacity for Items to accommodate up to *** of Buyer’s forecast needs at agreed-to lead times. If Supplier is not able to accommodate such upside capacity for any forecast, Supplier will provide Buyer with prompt written notice of such inability together with the amount of shortfall in Supplier’s ability to meet the designated upside. Additionally, within thirty (30) days of providing Buyer such notice, Supplier will develop and submit for Buyer approval, a contingency plan and a corrective action plan to eliminate such shortfall(s).

CAPACITY UPSIDE. Supplier agrees to maintain sufficient manufacturing capacity for Items to accommodate up to [*** *] of Buyer’s 's forecast needs at agreed-to lead times. If Supplier is not able to accommodate such upside capacity for any forecast, Supplier will provide Buyer with prompt written notice of such inability together with the amount of shortfall in Supplier’s 's ability to meet the designated upside. Additionally, within thirty (30) days of providing Buyer such notice, Supplier will develop and submit for Buyer approval, a contingency plan and a corrective action plan to eliminate such shortfall(s).