Supply Constraint. If Supplier’s ability to supply Products in accordance with the then-current Forecast is constrained for any reason, Supplier agrees that Supplier will work in good faith to address concerns of Square or Authorized Purchaser. In this circumstance, Supplier will (a) allocate the constrained material or resource so that Supplier is able to fulfill Square’s Purchase Orders on at least a pro rata basis of the constrained material or resource, and (b) immediately escalate the issue to both parties’ management for the purpose of resolving the supply constraint.
Supply Constraint. If GTAT’s ability to manufacture and deliver any Goods in accordance with the then current Forecast is constrained for any reason, GTAT will promptly notify Apple of the supply constraint and GTAT’s plan to resolve it, and will provide Apple daily updates regarding the steps taken to resolve the supply constraint. If the supply constraint is due to constrained resources (e.g., personnel, material, equipment, or third party components), GTAT will allocate the constrained resources to supply Goods to Authorized Purchasers before using such resources to supply goods to any other customer.
Supply Constraint. If Supplier’s ability to supply Products in accordance with the then current Forecast is constrained for any reason, Supplier agrees that it will (i) fulfill Customer’s Purchase Orders on at least a pro rata basis of the constrained material or resource, and provided that any labor, factory space, capacity and general equipment previously committed to meet the then current Forecast shall be utilized to fulfill Customer’s Purchase Orders prior to fulfilling orders for other customers, and (ii) immediately escalate the issue to both parties’ management for the purpose of resolving the supply constraint. *** Certain information in this agreement has been omitted and filed separately with the Securities and Exchange Commission. [***] indicates that text has been omitted and is the subject of a confidential treatment request.
Supply Constraint. If Supplier’s ability to supply any Goods in accordance with the then current Forecast is constrained for any reason, Supplier agrees that Supplier [CONFIDENTIAL TREATMENT REQUESTED] will immediately escalate the issue to both parties’ management for the purpose of resolving the supply constraint.
Supply Constraint. If Supplier’s ability to supply any Goods in accordance with the then current Forecast is constrained for any reason, Supplier will: (i) fill Authorized Purchasers’ orders prior to fulfilling orders for other customers, (ii) immediately escalate the issue to Apple’s management for the purpose of resolving the supply constraint; and (iii) promptly provide [*****] reports to Apple showing the number of Goods available during the constrained period. [*****] Certain portions denoted with an asterisk have been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions.
Supply Constraint. If EMS's supply of the HP Product, Prototype and/or services ordered hereunder becomes constrained, EMS will reduce the quantities of HP Product, Prototypes and/or services to be supplied to HP in proportion to the reduction in quantities of products, prototypes and/or services of the same technology or utilizing the same manufacturing process to be supplied to satisfy others. Receipt of such allocated supply and later delivery of all undelivered ordered quantities shall constitute HP's exclusive remedy in the event of such a supply constraint EMS shall provide written notification to HP within two (2) weeks of beginning and ending a supply constraint period that effects HP Products.
Supply Constraint. If Supplier’s ability to manufacture and deliver any Goods in accordance with the then current Forecast is constrained for any reason, Supplier will promptly notify Eargo of the supply constraint and Supplier’s plan to resolve it, and will provide Eargo [***] updates regarding the steps taken to resolve the supply constraint. If the supply constraint is due to constrained resources (e.g., personnel, material, equipment, or third party components), Supplier will use its reasonable efforts to allocate the constrained resources to supply Goods to Eargo on a nondiscriminatory basis relative any other customer based on equivalent Goods, quantities and other business terms.
Supply Constraint. Without otherwise limiting ADI's delivery obligations under this Agreement, if ADI's ability to supply Product is constrained for any reason outside ADI or its affiliates’ direct control, ADI will fulfill purchase orders on a First in, First Out (“FIFO”) basis. In addition, ADI will: (a) promptly notify Buyer as soon as ADI receives written notice from its manufacturers of any supply constraint and ADI’s plan to resolve it; and (b) provide Buyer updates regarding the steps taken in an effort to resolve the supply constraint.
Supply Constraint. If ON SEMICONDUCTOR’S ability to supply Production Products in accordance with the then-current Forecast is constrained for any reason, ON SEMICONDUCTOR agrees that ON SEMICONDUCTOR will (i) allocate the constrained material or resource so that ON SEMICONDUCTOR is able to fulfill SQUARE’s purchase orders on at least an equitable basis, and (ii) immediately escalate the issue to both Parties’ management for the purpose of resolving the supply constraint.
Supply Constraint. If Romeo’s ’s ability to manufacture and deliver any Batteries in accordance with the then current accepted Forecast is constrained for any reason (other than a Force Majeure Event), Romeo will promptly notify Nikola of the supply constraint and Romeo’s plan to resolve it, and will provide Nikola reasonable periodic updates regarding the steps taken to resolve the supply constraint.
