Excluded Facility Customers Clause Samples

Excluded Facility Customers. The Excluded Facility shall initially be permitted to sell Products from the Excluded Facility only to the Target Purchasers. In the event that (i) the Company does not have excess capacity to produce more Product at all of its Facilities and there remains additional demand for Product in the Territory by other potential customers, and (ii) the Excluded Facility has the capability of producing extra Product to satisfy such unmet demand in the Territory, then the Excluded Facility shall have the right to sell its Products to such other customers during the period in which the Company is unable to meet demand for such Products. Notwithstanding the foregoing, without the Company’s consent, the Excluded Facility may not sell any Product to existing customers of the Company.