Common use of Fulcrum Priority Clause in Contracts

Fulcrum Priority. If Fulcrum requires any Feedstock for its Facility in excess of materials received by Fulcrum under the Primary Supply Agreement, subject to the other provisions of this Agreement, Fulcrum shall schedule and accept such Feedstock (up to the then-applicable Maximum Deliverable Quantity) from Supplier to the extent required for Fulcrum’s Facility. The Parties acknowledge that Fulcrum does not guarantee any specific level of Facility requirements for Feedstock and that nothing in this Agreement limits Fulcrum’s right to obtain Feedstock or material similar to Feedstock from one or more Persons during any period in which Supplier is unable to deliver Feedstock in the quantities required from time to time by Fulcrum hereunder.