Supply Assurance. A. San Francisco agrees to deliver water to the Wholesale Customers up to the amount of the Supply Assurance. The Supply Assurance is for the benefit of the entities listed in Section 1.02, irrespective of whether or not they have executed this Agreement. Water delivered by San Francisco to Retail Customers shall not be included in the Supply Assurance. Until December 31, 2018, the foregoing commitment is subject to Article 4.
B. Both the Supply Assurance and the Individual Supply Guarantees identified in Section 3.02 are expressed in terms of daily deliveries on an annual average basis and do not themselves constitute a guarantee by San Francisco to meet peak daily or hourly demands of the Wholesale Customers, irrespective of what those peak demands may be. The parties acknowledge, however, that the Regional Water System has been designed and constructed to meet peak daily and hourly demands and that its capacity to do so has not yet been reached. San Francisco agrees to operate the Regional Water System to meet peak requirements of the Wholesale Customers to the extent possible without adversely affecting its ability to meet peak demands of Retail Customers. This Agreement shall not preclude San Francisco from undertaking to meet specific peak demand requirements of individual Wholesale Customers in their Individual Water Sales Contracts.
C. The Supply Assurance is perpetual and shall survive the expiration or earlier termination of this Agreement. Similarly, the Individual Supply Guarantees identified in Section
Supply Assurance. 11.1. If the Products are goods specially developed for BHTC and, in particular, if BHTC has directly or indirectly made a contribution to the costs of development and/or of the manufacturing equipment, Supplier undertakes to supply BHTC with the Products according to BHTC’s needs and to accept purchase orders from BHTC as long as BHTC requires the Products. The anticipated supply volume pursuant to the demand forecasts will be notified to Supplier well in advance. Supplier shall however not be entitled to demand the purchase of specific quantities by BHTC, unless explicitly agreed otherwise in writing.
11.2. In order to ensure the production of spare parts, Supplier undertakes to guarantee the supply of the Products for the period of 15 years after the end of the series production of the BHTC products in which the respective Products are installed.
11.3. Supplier shall be obliged, upon request by BHTC, to provide all information or disclosures necessary to comply with legal requirements or as part of diligent and fore-sighted risk management of the supply chain, in particular to assess the security of delivery and supply and to meet customer requirements. Supplier shall also provide corresponding support in the event of an audit of its suppliers and their sub- suppliers by BHTC or its customers, or by a third party assigned by BHTC or its customers.
Supply Assurance. 11.1 Except for adverse circumstances as described in Paragraph 5 of DuPont's Standard Conditions of Sale, a copy of which is attached hereto as Attachment J, in the event of a production disruption impacting DuPont's ability to supply PFA Product hereunder, Fluoroware's pro rata allocation of available Product quantities will be the most favorable of any offered to any of DuPont's PFA customers.
Supply Assurance. RSC shall maintain a one-week on-call service agreement on all critical process equipment, [REDACTED]. In the alternative, RSC may elect to assure supply by maintaining in stock a "sufficient supply," of wafers meeting the specifications set forth in Exhibit A attached to the Letter, or any amendments thereto. For the purposes of this Section 3.4, a "sufficient supply" is defined as an inventory equal to the volume of wafers delivered in the previous quarter.
Supply Assurance. In order to guarantee a steady and punctual supply of the Products ISS agrees to keep a minimum stock of Products at ISS's expense. The volume of products in this minimum stock shall cover Bosch's demand for the Products in one month and the volume of components in this minimum stock shall cover Bosch's demand in one month, especially for the sensor-subassembly, the printed circuit board and the connector. The calculation of such minimum volumes stock shall be based on the figures as stated in SECTION 9.1 above. Following termination of this Agreement Bosch will be entitled to purchase the pressure sensor-subassembly, the ASIC, the connector and the sensor element itself for Bosch's own CR application from ISS at fair market prices.
Supply Assurance. Amarin shall use Commercially Reasonable Efforts to maintain approximately [***] of inventory of the Product based on Amarin’s commercially reasonable forecasted demand for the Product in the Field in the Territory. In the event that Amarin’s inventory of the Product falls below such threshold, Amarin shall notify Kowa accordingly. If Amarin subsequently experiences [***], then [***]; provided, that during the period of such stock-out, either (a) the Parties may mutually agree to terminate this Agreement in accordance with Section 12.2[***]. CERTAIN CONFIDENTIAL PORTIONS OF THIS EXHIBIT WERE OMITTED AND REPLACED WITH “[***]”. A COMPLETE VERSION OF THIS EXHIBIT HAS BEEN FILED SEPARATELY WITH THE SECRETARY OF THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO AN APPLICATION REQUESTING CONFIDENTIAL TREATMENT UNDER RULE 24b-2 OF THE SECURITIES EXCHANGE ACT OF 1934.
Supply Assurance. Pursuant to the forecasting schedule in the Policy & Procedure document that will be made accessible to Customer via the Intel Foundry Services (IFS) portal, as such document may be modified by agreement of the Parties, Intel will provide a monthly rolling response to Customer's demand forecast. Intel's response may accept or reduce quantities forecast for any month for which a forecast has not previously been received. So long as Customer’s forecasts for any given month are equal to or less than amounts previously accepted for that month, Intel will accept the amounts forecast for each Final month, and will make commercially reasonable efforts to accept forecasts in excess of amounts previously forecast for each given month. For each month in Months 1-6 for which an Order is timely (prior to commencement of the applicable Lead Time) placed, Intel will accept Order quantities up to [*****] of the quantity accepted by Intel in response to Customer’s forecast received in the immediately preceding month for such month, in substantially the product mix forecast. Intel may modify its forecast response for any month(s) if Orders for such month(s) have not been timely placed by Customer. To the extent that any Customer forecast fails to forecast the full capacity or quantity if any, previously allocated to Customer in response to the immediately preceding forecast (after subtracting Orders placed by Customer for such month): (i) Intel shall be entitled in its sole and complete discretion to enter commitments with others for such unexercised capacity for the applicable months (calculated as Intel’s response to Customer’s immediately preceding forecast minus Customer’s current forecast) and in the amounts not so exercised, and (ii) Customer will not have any right to require Intel to provide that unexercised capacity to Customer in the month(s) involved.
Supply Assurance. A. San Francisco agrees to deliver water to the Wholesale Customers up to the amount of the Supply Assurance. The Supply Assurance is for the benefit of the entities listed in Section 1.02, irrespective of whether or not they have executed this Agreement. Water delivered by San Francisco to Retail Customers shall not be included in the Supply Assurance. Until December 31, 2018, the foregoing commitment is subject to Article 4.
B. Both the Supply Assurance and the Individual Supply Guarantees identified in Section 3.02 are expressed in terms of daily deliveries on an annual average basis and do not themselves constitute a guarantee by San Francisco to meet peak daily or hourly demands of the Wholesale Customers, irrespective of what those peak demands may be. The parties acknowledge, however, that the Regional Water System has been designed and constructed to meet peak daily and hourly demands and that its capacity to do so has not yet been reached. San Francisco agrees to operate the Regional Water System to meet peak requirements of the Wholesale Customers to the extent possible without adversely affecting its ability to meet peak demands of Retail Customers. This Agreement shall not preclude San Francisco from undertaking to meet specific peak demand requirements of individual Wholesale Customers in their Individual Water Sales Contracts.
C. The Supply Assurance is perpetual and shall survive the expiration or earlier termination of this Agreement. Similarly, the Individual Supply Guarantees identified in Section 3.02 and/or the Individual Water Sales Contracts are perpetual and shall survive the expiration or earlier termination of this Agreement or the Individual Water Sales Contracts.
D. Notwithstanding the Supply Assurance established by this section, the Individual Supply Guarantees identified in Section 3.02 and the Individual Water Sales Contracts, the amount of water made available by San Francisco to the Wholesale Customers is subject to reduction, to the extent and for the period made necessary by reason of water shortage, Drought, Emergencies, or by malfunctioning or rehabilitation of facilities in the Regional Water System. Any such reduction will be implemented in accordance with Section 3.11. The amount of water made available to the Wholesale Customers may not be reduced, however, merely because the water recycling and groundwater projects which the WSIP envisions to be constructed within San Francisco, or the conservation programs intende...
Supply Assurance. As soon as reasonably practical after Regulatory Approval of the Product, Surmodics shall secure and maintain a secondary source of supply of the Product with sufficient capacity within a reasonable timeframe to meet Xxxxxx’x reasonably projected commercial demand for the Product, at Surmodics’ sole expense, which may be at another Surmodics facility.
Supply Assurance. 11.1 Except for adverse circumstances as described in Paragraph 3 of the Standard Conditions of Sale (attached hereto as Schedule 3 and made part hereof), in the event of a production disruption impacting DuPont’s ability to supply PFA, ETFE or PTFE Product hereunder, Entegris’ pro rata allocation of available Product quantities will be the most favorable of any offered to any of DuPont’s customers.
11.2 DuPont and Entegris agree to establish mutually acceptable supply chain and product storage processes that will ultimately reduce lead times and inventory.
