Supplier Capacity. Supplier represents and warrants that it has sufficient capacity to supply the volumes of the Products. With the exception of any disruption in manufacturing caused by a Force Majeure Event, and subject to the maximum Product production volumes, if, in any calendar month during the Term, Supplier fails to deliver to SCRIPSAMERICA at least ninety-eight percent (98%) of the volume of Products ordered by SCRIPSAMERICA pursuant to its purchase order for such month (the “Minimum Production Volume”), then, for each Product for which Supplier failed to deliver the Minimum Production Volume, SCRIPSAMERICA shall receive a credit on its next purchase order (or purchase orders if the credit amount is larger than the price of the next single order) in an amount equal to (i) the number of Product units below the Minimum Production Volume that Supplier failed to deliver, multiplied by (ii) the per unit Product Fee then in effect for such Product; provided, that such credit will be applied to the total Product Fees contained in such purchase order and is not required to be used to offset Product Fees for the Product for which Supplier failed to meet the Minimum Production Volume; provided, further, that if this Agreement is terminated or expires before all of SCRIPSAMERICA’s credits are used, then SCRIPSAMERICA shall receive, within thirty (30) days of such termination or expiration date, a cash payment from Supplier for the entire value of any unused credits.
Supplier Capacity. Completed Products (manufactured, assembled, packaged, labeled and packed for shipment) Supplier warrants the production capacity set forth above for any mix of Products. Such mix will be determined by Zicam in its sole discretion.
Supplier Capacity. 3.1. SUPPLIER states and warrants that (i) holds all information for the prompt and strict performance of this Agreement, in particular abiding by and complying with the IMDS (if applicable), PPAP and Sodecia Supplier Manual; (ii) it has and will maintain the industrial, organizational, economic and financial means to strictly and promptly supply the Parts in accordance with Appendix 3.1-CG; and (iii) it has and will maintain the industrial, organizational, economic and financial means to strictly and promptly supply the Parts in accordance with Appendix 3.1-CG plus 15% (fifteen per cent) flexibility.
Supplier Capacity. In providing the Services in this Agreement it is expressly agreed that the Supplier is acting as an independent contractor and not as an employee. The Supplier and Teralon acknowledge that this Agreement does not create a partnership or joint venture between them, and is exclusively a contract for service.
Supplier Capacity. Completed Products (manufactured, assembled, packaged, labeled and packed for shipment) Supplier warrants the production capacity set forth above for any mix of Products. Such mix will be determined by _____ in its sole discretion. Assumptions
Supplier Capacity. At all times during the Term, Supplier agrees to maintain the ability to manufacture with no delay in production all requirements of Customer for Products at a site of the Supplier not then being used to manufacture Products. At any time, and from time to time, but not more frequently than once in every calendar year during the Term, Customer may request in writing that its requirements for Products be manufactured at a site of the Supplier not then being used to manufacture Products (a "New Site") whereupon Supplier shall manufacture such requirements for Products at such New Site until Customer gives a further notice pursuant to this Section that its requirements for Products be manufactured at another New Site.
