Priority Customer. The highest bid and lowest offer shall have priority except that Priority Customer orders shall have priority over non- Priority Customer interest at the same price in the same options series. If there are two or more Priority Customer orders for the same options series at the same price, priority shall be afforded to such Priority Customer orders in the sequence in which they are received by the System.
Priority Customer. Contractor understands and acknowledges that the Members provide services that are essential to the health and welfare of the public. Failure of a Contractor to provide chemicals pursuant to the terms, conditions, and specifications contained in this Contract may jeopardize Members’ ability to provide timely services, which may affect the health and welfare of the public served by FW. In the event of product shortages at any level of the production to delivery chain, Bidder agrees and affirms that Members will be given the earliest possible notice and the highest priority for allocation of the item(s) listed herein. To the extent that the Contractor must prioritize and/or allocate delivery among its customers, the requirements of the Members will be honored before chemicals are provided to a customer with no obligations with regard to the public health and welfare. To the extent that chemicals are insufficient to meet the requirements of all of the clients who are responsible for the health and welfare of the public, the Chemicals will be allocated in a manner deemed to be fair and reasonable to all such clients.
Priority Customer. Nexperia shall at all times be Transphorm’s priority customer with respect to Epi Wafers manufactured at TJE. This means that (i) Transphorm shall prioritize Nexperia Binding Epi Wafer Forecasts and Orders for Epi Wafers manufactured at TJE, and (ii) Transphorm shall not enter into capacity commitments with third parties that conflict with Nexperia [***] and iii) Transphorm shall notify Nexperia before entering into new capacity commitments with third parties that might or will impact the capacity available for Nexperia beyond the [***] and subject to Section 4.4; and Parties will negotiate in good faith a commercial reasonable solution. In case of capacity shortage with respect to Processed Wafers from AFSW, Transphorm’s capacity allocation for Nexperia’s Orders shall be fair and proportionate to the quantities forecasted in the binding portion of the [***] and ordered in such Orders as compared to its overall capacity requirements and shall be as favorable as the allocation provided to any of its other customers’ orders.
Priority Customer. By submitting a bid in response to solicitation IFB 21-014, the Contractor understands and acknowledges that FW provides services that are essential to the health and welfare of the public. Failure of a Contractor to provide GAC under the resultant contract issued pursuant to the terms, conditions, and specifications contained herein may jeopardize FW’s ability to provide timely services which may affect the health and welfare of the public served by FW. In the event of product shortages at any level of the production to delivery chain, Contractor agrees and affirms that FW shall be given the earliest possible notice and the highest priority for allocation of the item listed herein. To the extent that the Contractor must prioritize and allocate delivery among its customers, the requirements of FW shall be honored before goods and services are provided to a customer with no obligations with regard to the public health and welfare. To the extent that the GAC supply is insufficient to meet the requirements of all of the clients who are responsible for the health and welfare of the public, GAC shall be allocated in a manner deemed to be fair and reasonable to all such clients.
