Common use of Supplier Priority Clause in Contracts

Supplier Priority. Subject to Section 7.2 and the other terms herein, (i) Supplier shall as a matter of first priority dedicate a sufficient amount of Feedstock collected or received by Supplier or its Affiliates within the Geographic Waste Shed to the satisfaction of amounts of Feedstock requested from time to time by Fulcrum, up to the Maximum Deliverable Quantity, and (ii) Supplier and its Affiliates shall not use or allocate any such Feedstock for other purposes if such use or allocation would limit Supplier’s ability to deliver Feedstock in the amounts (up to the Maximum Deliverable Quantity) requested by Fulcrum hereunder. Nothing herein is intended to prevent or limit Supplier from using, in its complete discretion, any Feedstock not requested by Fulcrum.

Appears in 4 contracts

Samples: Supply Agreement, Feedstock Supply Agreement (Fulcrum Bioenergy Inc), Feedstock Supply Agreement (Fulcrum Bioenergy Inc)

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