Excess Capacity Payment Sample Clauses

Excess Capacity Payment. The parties acknowledge that Party B must retain capacity at all times sufficient to provide Services in response to Work Orders received from Party A. Such Services may not be otherwise employed during the Term of this Agreement. The Parties therefore agree that periodically, upon periodic written demand from Party B, Party A will pay to Party B up to the entire amount of Party A’s Aggregate Net Profit not previously earned pursuant to a Work Order, in consideration for Party B’s maintenance of resources adequate to respond to requests for Services from Party A.