Priority of Supply. So long as HAPTOGUARD shall provide OXIS with its forecast for short term and long term requirements in timely fashion, OXIS shall cooperate to anticipate HAPTOGUARD short term and long-term requirements for Licensed Product supply and will take reasonable measures to assure that HAPTOGUARD and its HAPTOGUARD Sublicensees requirements as set forth in HAPTOGUARD Forecast can be met. OXIS shall make best efforts to ensure HaptoGuard is given the highest priority for supply of the Licensed Products by its manufacturer.
Priority of Supply. Almac and its Affiliates shall maintain capacity in the Facility to fill Paratek’s forecasted orders for the Product in a manner consistent with this Agreement, including purchase orders placed hereunder.
Priority of Supply. CIPAN and its Affiliates shall (a) maintain capacity in the Facility to fill Paratek’s forecasted orders for each Product in a manner consistent with this Agreement, including purchase orders placed hereunder and (b) fill Paratek’s purchase orders placed pursuant to this Agreement for each Product prior to filling any orders of any other customer in the event of a labor, materials or capacity shortage.
Priority of Supply. In the event of a Supplier capacity shortage with respect to the Products for any reason, other than a failure of Buyer to notify Supplier sufficiently in advance of an increase in demand for Products, Supplier shall promptly inform Buyer of the reasons for and the anticipated duration of the capacity shortage. Buyer shall be relieved of any liability or obligation to purchase or take delivery of any Products that Supplier cannot provide during a capacity shortage. If Supplier's delay or nonperformance as a result of such a capacity shortage continues for a period of more than thirty (30) days, Buyer may immediately terminate, at no charge or liability to Supplier, the Agreement.
Priority of Supply. (a) LNG produced by the Plant shall be delivered to the following customers (the Preferred Customers), to the extent they have entered into LNG Sale and Purchase Agreements or LNG Tolling Services Agreements with the Concessionaire, in the following order of priority in accordance with LNG availability:
(i) IGU and FNG for residential and commercial space heating, in the volumes specified in and pursuant to the terms of their respective LNG Sale and Purchase Agreement or LNG Tolling Services Agreement;
(ii) GVEA for use as a fuel at GVEA's electric generating plants, in the volumes specified in and pursuant to the terms of GVEA's LNG Sale and Purchase Agreement or LNG Tolling Services Agreement;
(iii) electric and local gas distribution utilities that are located in (A) the North Slope Borough or (B) Interior Alaska but outside of the FNSB, in the volumes specified in and pursuant to the terms of their respective LNG Sale and Purchase Agreement or LNG Tolling Services Agreement; and
(iv) industrial customers located in Interior Alaska, such as refineries and mines, in the volumes specified in and pursuant to the terms of their respective LNG Sale and Purchase Agreement or LNG Tolling Services Agreement.
(b) All customers that are not included as Preferred Customers under Section 7.2(a) shall be referred to herein as Non-Preferred Customers and shall rank in priority for LNG delivery after Preferred Customers and in the order of priority listed below, but for the avoidance of doubt shall not be subject to this Agreement's provisions with respect to the Target FOB LNG Price Range or the Maximum Permitted IRR. Non-Preferred Customers shall include:
(i) any parties that are not RCA-regulated electric and local gas distribution utilities and are consuming such LNG in the State but outside of Interior Alaska;
(ii) any parties that use LNG pursuant to the terms of their respective LNG Sale and Purchase Agreements or LNG TSAs, as applicable, as a transportation fuel in the State, other than such LNG used as fuel to transport LNG from the Plant to Preferred Customers; and
(iii) any parties consuming such LNG outside the State.
(c) All propane produced by the Plant will be made available to Preferred Customers on the same priority basis as LNG and on terms materially consistent with the terms of the LNG SPAs and LNG TSAs, and then to Non-Preferred Customers.
(d) Each LNG Sale and Purchase Agreement will include provisions providing for the allocation of LNG to Prefe...
Priority of Supply. If for any reason (including without limitation, a back order situation, a Force Majeure Event or a Regulatory Change) ANI is unable to supply ALAVEN’s demand for Products and the demands of ANI’s other customers (including ANI and ANFs Affiliates), ANI shall give ALAVEN’s demand at least equal priority to those of ANFs other customers (including ANI and ANFs Affiliates).
Priority of Supply. If for any reason (including without limitation, a back order situation, a Force Majeure Event or a Regulatory Change) SOLVAY is unable to supply JDS’s demand for Product and the demands of SOLVAY’s other customers (including SOLVAY’s affiliates), SOLVAY shall give JDS’s demand at least equal priority to those of SOLVAY’s other customers.
Priority of Supply. The Parties acknowledge and agree that Allograft bone is a resource of limited supply and that Tutogen’s obligation under this Agreement to deliver Allograft Biologic Implants to Spine-Tech shall have priority over any obligations of Tutogen to deliver Allograft bone products outside the Territory so long as Tutogen has not yet supplied to Spine-Tech [***] of the Biologic Implants subject to the current year’s BMAF (as defined below). If for a calendar year Tutogen has supplied [***] of the Biologic Implants covered by that year’s BMAF, then Tutogen shall use all commercially reasonable efforts to supply additional Biologic Implants to Spine-Tech per Spine-Tech’s Binding Orders and in such event Tutogen may allocate the supply of Allograft bone products among its customers. In the event of supply constraints affecting Tutogen’s ability to meet Spine-Tech’s Binding Orders and the demands of a Spine-Tech Affiliate, Spine-Tech agrees to cooperate with Tutogen and the Spine-Tech Affiliate in seeking to resolve the matter. Without in any way limiting its obligations under the first sentence of this section, to the extent that it is first able to meet Spine-Tech’s forecasted demand for Biologic Implants, Tutogen may supply excess unprocessed bone tissue to others within the Territory.
Priority of Supply. If for any reason (including without limitation, a back order situation, a Force Majeure Event or a Regulatory Change) ANI is unable to supply JDS’s demand for Products and the demands of ANI’s other customers (including ANI and ANI’s Affiliates), ANI shall give JDS’s demand at least equal priority to those of ANI’s other customers (including ANI and ANI’s Affiliates).
Priority of Supply. 29.1 If an event of Force Majeure results in a reduction in the yield of Timber within the Area of Supply then Timbermans Group must allocate the available Timber to the Company and other persons, with contracts with Timbermans Group for the supply of Timber from the Area of Supply, in proportion to their respective entitlements under their contracts.
29.2 The Company will have no claim against Timbermans Group for non-compliance with its obligations to make the Annual Supply available if Timbermans Group, as far as is reasonably practicable, supplies Timber in substantial compliance with clause 29.1.
