Firm Commitment Quantities Clause Samples
Firm Commitment Quantities. The description and specifications for the photovoltaic modules sold and purchased under this Agreement are set forth on Schedule 1 (the “PV Modules”). The parties may from time to time modify the description or specifications of the PV Modules, or add or delete products to be sold and purchased under this Agreement, in each case by mutual written consent. Upon delivery of a purchase order in the form attached as Schedule 2 (the “Purchase Order”) from a Buyer, SunPower agrees to sell to such Buyer the quantity of PV Modules set forth in such Purchase Order. SunPower guarantees availability and sale of PV Modules under such Purchase Orders on an annual, firm commitment basis in at least the aggregate quantities for the specified years set forth on Schedule 1. Subject to Section 2, PowerLight agrees to purchase on an annual, firm commitment basis PV Modules in at least the aggregate quantities for the specified years set forth on Schedule 1 (as may be adjusted from time to time pursuant to Sections 3(c), 20 and 24(b)-(c)). The sole and exclusive penalties for failure of SunPower or PowerLight to fulfill its annual firm commitment obligations set forth in this Section 1 are described on Schedule 1 and Section 14(b); provided, however, that SunPower shall be subject to additional penalties for late delivery of PV Modules to the extent applicable under Section 3(c). Subject to Section 5, in the event of any conflict between the terms of the Purchase Order and this Agreement, the terms of this Agreement shall prevail.
Firm Commitment Quantities. Product 1 PV Modules (identified below): 1 megawatt (MWp) through August 15 of 2006. Product 2 PV Modules (identified below): Firm commitment and Option quantities are stated in the table below. To the extent new products generally become available to Evergreen customers (“New PV Modules”), PowerLight may in its discretion elect to order Product 2 or such New PV Modules to fulfill the following commitments: Firm Quantity (MWp) * ** * ** * ** * ** Option Quantity* (MWp) * ** * ** * ** * In accordance with Section 1(c) of the Agreement, with respect to each year of delivery stated in the table above, PowerLight retains an Option to order additional quantities up to the MWp specified for such year. Notwithstanding Section 1(c) or the Option Quantity set forth in the table above, with respect to 2008 and 2009 PowerLight may only exercise its Option to the extent that the total quantity of PV Modules available to PowerLight for any given year after giving effect to such Option exercise does not exceed twenty percent (20%) of the aggregate solar module production capacity of Evergreen and EverQ for such year; provided however, that PowerLight shall in any event be entitled to exercise an Option for up to *** in 2009 without regard to such twenty percent (20%) limitation.
Firm Commitment Quantities. The description and specifications for the photovoltaic modules to be sold and purchased under this Agreement are set forth on Schedule 1 (the “Solar Panels”). The description and specifications for the balance of system equipment to be sold and purchased under this Agreement are set forth on Schedule 1 (the “BOS Equipment” and, together with the Solar Panels, the “Products”). SunPower guaranties and warrants conformity of the Products with the aforementioned descriptions and qualifications.
Firm Commitment Quantities. The description and specifications for the photovoltaic modules to be sold and purchased under this Agreement are set forth on Schedule “1” (the “Solar Panels”). SunPower may from time to time modify the description or specifications of the Solar Panels, upon two (2) months’ prior written notice to Ecoware. No later than three (3) weeks prior to each calendar quarter, Ecoware shall issue purchase orders for such quarter in the form attached as Schedule “2” (the “Purchase Order”). Following its receipt of each Purchase Order, SunPower shall accept the Purchase Order and the related shipping plan and date and inform Ecoware thereof by written notice or e-mail transmission delivered to Ecoware within ten (10) business days following SunPower’s receipt of such Purchase Order. SunPower guarantees availability and sale of Solar Panels under such Purchase Orders on a quarterly and annual, firm commitment basis of the aggregate quantities for the specified quarters and years set forth on Schedule “1”. SunPower shall not assume any obligation under this Agreement to provide quantities in excess of its firm quarterly or annual commitments specified in Schedule “1”. Ecoware agrees to purchase on a quarterly and annual, firm commitment basis Solar Panels in the aggregate quantities for the specified quarters and years set forth on Schedule “1”. The sole and exclusive penalties for failure of SunPower or Ecoware to fulfill its quarterly and annual firm commitment obligations are described on Schedule “1”. Subject to Section 5, in the event of any conflict between the terms of the Purchase Order and this Agreement, the terms of this Agreement shall prevail.