Manufacturing Capacity. The Company’s manufacturing capacity to produce the Core Product is no less than 500,000 units of the Core Product per year.
Manufacturing Capacity. During the Term of this Agreement, APO agrees to use [ * ] efforts to allocate sufficient Manufacturing resources in order to meet GILEAD’s requirements of the Product scheduled for delivery in accordance with Section 5 and 6 hereof. Nothing in this Section 3.4 is intended to negate APO’s obligations to fulfil Binding Orders accepted pursuant to Section 6.3 or to prevent GILEAD from submitting aggregate Binding Orders that APO will accept, if otherwise properly submitted, for a calendar year for the applicable Yearly Minimum Volume.
Manufacturing Capacity. (a) Back-Up Manufacturing Right. A "Supply Failure" shall mean a --------------------------- failure, in any [**] calendar quarters within any [**] month period, in each case beginning at least [**] months after BIO-RAD's first commercial sale of a BIO-RAD System, to supply BIO-RAD with at least seventy-five percent (75%) of the aggregate quantity of Standard Beads or Luminex100 Systems, as applicable, ordered pursuant to Section 4.3 by BIO-RAD for such two calendar quarters. In the event of a Supply Failure, BIO-RAD shall have a back-up supply right as set forth below (the "Back-Up Right") subject to the additional terms and conditions set forth below or in the Escrow Agreement (as identified below).
Manufacturing Capacity. (a) Flextronics shall maintain, and shall cause the Flextronics Affiliated Companies to maintain, sufficient manufacturing capacity in the Facilities during the Term in order to provide Purchasers with all Products ordered by Purchasers hereunder and all Products that are forecasted to be ordered by Purchasers hereunder in accordance with the Product Forecasts. Flextronics and the Flextronics Affiliated Companies shall accept all complete Purchase Orders issued by any Purchaser and received by Flextronics or any Flextronics Affiliated Company in accordance with terms of this Agreement. In the event that Flextronics in good faith believes that Flextronics' and the Flextronics Affiliated Companies' manufacturing capacity will be insufficient to meet Xerox's Product Forecasts, then Flextronics shall notify Xerox in writing thereof immediately and the parties shall promptly meet to develop a solution to this problem.
(b) Neither Flextronics nor any of the Flextronics Affiliated Companies shall commence production of any product for any third party customer until Flextronics' and the Flextronics Affiliated Companies' available manufacturing capacity in the Facilities (running at maximum employee and asset utilization during all shifts) to satisfy any Purchaser's orders of Products under this Agreement is equal to one hundred twenty percent (120%) of Xerox's Forecasts, as indicated by the first sixty (60) calendar days of the then applicable Xerox six-month rolling Forecast.
Manufacturing Capacity. ALLERGAN undertakes to ensure that it has at all times sufficient Manufacturing capacity at the Manufacturing Facilities to satisfy GSK's Product requirements set out in the Rolling Forecasts.
(a) ALLERGAN shall routinely monitor the Manufacturing capacity available to GSK at the Manufacturing Facilities, such that ALLERGAN shall make appropriate changes to its utilization of such capacity to satisfy GSK's requirements of Product in accordance with this Supply Agreement.
(b) GSK and ALLERGAN shall review and discuss the Manufacturing capacity available at the Manufacturing Facilities in relation to the Rolling Forecast as part of the regular review meetings pursuant to Section 2.6.
(c) In the event of a break or fault in production that can reasonably be foreseen to affect supply of Product to GSK, ALLERGAN shall notify GSK promptly if such fault cannot be remedied within five (5) business days and, following such notification, will keep GSK apprised of the status of the remedial action to be taken by ALLERGAN. ALLERGAN shall in any event use its best endeavors to ensure a return to production as soon as possible.
Manufacturing Capacity. As of the date required under the terms of this agreement, UPP has the capability and the capacity to meet Invacare's requirements for Motors as contemplated by this Agreement. UPP acknowledges (i) Invacare's clear reliance upon this representation and covenant in entering into this Agreement and in conducting its supply arrangements accordingly and (ii) the immediate and direct harm and damage to Invacare that will result from UPP's inability to produce Motors required by this Agreement.
Manufacturing Capacity. It is understood and agreed that during the OnQ Manufacturing Period, production of OnQ Aerosol Generators shall include making OnQ Aerosol Generators required by MIA for use in MIA’s assembly of the Product and also for use by Aerogen in making other Aerogen products and for Aerogen’s research purposes (which estimated requirements are set forth in Exhibit F); provided that MIA is appropriately reimbursed, to the extent that MIA bears associated costs for such production.
Manufacturing Capacity. SM shall give NTC written notice as soon as practicable after SM becomes aware of, and at minimum ninety (90) days prior to, any potential or regularly scheduled shut-downs. Even if SM provides notice of a potential or regularly scheduled shut-down more than ninety (90) days before such shutdown, the Capacity Limits for the month(s) of such shutdown shall not be reduced and the amount of the NTC Products on the applicable Manufacturing Forecast shall still be met. Notwithstanding the foregoing, SM shall give NTC six (6) months prior written notice of any and all labor negotiations.
Manufacturing Capacity. Seller will have sufficient capacity and the ability to supply BCI the requested parts per the releases. Seller will provide Buyer in writing the minimum run per part number and the lead time to manufacture said parts.
Manufacturing Capacity. Subject to the remainder of this Section 2.9, Manufacturer warrants to Distributor that, from and after the Launch Date of each Product, Manufacturer will have sufficient capacity at its Manufacturing facilities and the facilities of its Covered Contractors and the suppliers to such contractors to Manufacture and deliver the quantities of such Product requested by Distributor pursuant to the most recent Projected Forecast (as it may be revised and updated on a monthly basis). To the extent Distributor places a purchase order for quantities of Product for any month in excess of [***](9), Manufacturer shall use commercially reasonable efforts to fulfill such order, but in no event shall Manufacturer be liable for or have any obligation with respect to any failure to deliver Product in quantities in excess of [***](9), except to the extent caused by the gross negligence or willful misconduct of Manufacturer; provided that if Distributor places a purchase order for quantities of Product that would cause such Product’s Maximum Capacity to be exceeded for any month and Manufacturer submits or has submitted a written proposal to the Steering Committee for expansion of its Manufacturing capacity pursuant to Section 2.15(e) which, at the time such purchase order was placed by Distributor, is (a) not approved, or remains under consideration, by the Steering Committee, Manufacturer shall be liable for and have obligation with respect to such purchase order only for the maximum number of units that would not cause such Product’s Maximum Capacity to be exceeded for such month, or (b) approved by the Steering Committee, Manufacturer shall be liable for the fulfillment of purchase orders placed after the Steering Committee has approved of such proposal and the period of time for implementation of such proposal as specified by the Steering Committee has passed. Subject to the preceding sentence, Manufacturer warrants to Distributor that, to the extent Distributor places timely purchase orders for quantities of Product, its Manufacture and delivery of Product to Distributor shall be
