Common use of Production Capability; Minimum Volume Clause in Contracts

Production Capability; Minimum Volume. (a) SUPPLIER will use best efforts to maintain a minimum annual Product supply of [***] units per year in "2001," as defined in Schedule D, plus ---------- any additional capacity required to fill any of DISTRIBUTOR'S firm purchase orders; provided that DISTRIBUTOR stays on schedule, as determined in good faith by SUPPLIER, in developing the infrastructure necessary to market, sell, and provide Services to such volume of Products; and provided further that SUPPLIER will not be obligated to increase Product supply by more than 100% between any two quarters, and, in any event, SUPPLIER will not be obligated to increase Product supply beyond the Global Sales Commitments.

Appears in 4 contracts

Samples: Distributor Agreement (Plug Power Inc), Distributor Agreement (Plug Power Inc), Distributor Agreement (Plug Power Inc)

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