Fulcrum Priority. Subject to Section 2.11(c) and the other provisions hereof, during the Term, Fulcrum shall as a matter of first priority accept all Feedstock supplied by WCC’s Site to satisfy 100% of Fulcrum’s requirements for Feedstock up to the Maximum Deliverable Quantity. Subject to Section 2.3, the Parties acknowledge that Fulcrum does not guarantee any specific level of Facility requirements, but only that Fulcrum shall schedule and accept delivery of Feedstock from WCC’s Site for the Maximum Deliverable Quantity. Notwithstanding any other provision in this Agreement, nothing in this Section 2.11 shall limit Fulcrum’s right to solicit, seek to obtain or obtain Feedstock for any shortfall in Maximum Deliverable Quantity from other sources provided, however Fulcrum first seeks to obtain such Feedstock shortfall from any WCC or WCC Affiliate source in the general geographic waste shed of the Facility.
Appears in 4 contracts
Samples: Supply Agreement, Supply Agreement, Resource Recovery Supply Agreement (Fulcrum Bioenergy Inc)
