Capacity Constraint definition
Examples of Capacity Constraint in a sentence
Parties shall use commercially reasonable efforts during the fifteen (15) Business Day period following delivery of the Capacity Constraint Notice to mutually agree upon a date(s) of delivery; provided, however, that Purchaser shall have no obligation to accept any alternate delivery dates.
If Supplier delivers a Capacity Constraint Notice to Purchaser, such notice shall indicate the portion of such Order Supplier cannot supply by the requested delivery date and propose alternate delivery dates.
Supplier's license to manufacture Products on an exclusive basis in accordance with Section 2.1 shall revert to a non-exclusive license if Supplier's Capacity Constraint in any quarter is less than 75% of the Company's forecasted quantity for that quarter or if Supplier's Lead Time Constraints for any quarter exceeds the lead times listed below.
Within fifteen (15) days of receipt of Company's forecasts, Supplier shall provide Company with a written confirmation of, (i) the maximum quantities of Product(s) that can be provided by the Supplier during each quarter of the forecast period ("Capacity Constraint"), and (ii) the lead times necessary to supply the forecasted quantities of Products ("Lead Time Constraint)".
Notwithstanding the foregoing, Company agrees that Supplier's delivery dates for quantities of Products that exceed two-thirds of the Capacity Constraint in any given quarter may extend up to 30 days beyond the maximum lead times set forth in Section 2.3. ANY ADDITIONAL OR INCONSISTENT TERMS OR CONDITIONS OF ANY PURCHASE ORDER, ACKNOWLEDGMENT OR SIMILAR STANDARDIZED FORM GIVEN OR RECEIVED PURSUANT TO THIS AGREEMENT WILL HAVE NO EFFECT AND SUCH TERMS AND CONDITIONS ARE HEREBY EXCLUDED.
Grantor shall promptly notify the Purchaser in writing, after the RFS Date for the entire System, if it anticipates capacity constraints on the System ("Capacity Constraint Notice").
UPFUELS shall notify UPR promptly in writing upon the occurrence of a Pipeline Capacity Constraint, and shall use commercially reasonable efforts to remove such Constraint.
Cerus agrees that Fresenius Kabi shall not be deemed in breach of this Agreement if Fresenius Kabi is unable to fulfill firm purchase orders in excess of the Capacity Constraint; provided, however, that the Parties will use commercially reasonable efforts to increase the Capacity Constraint to [*] beginning for [*].
If a Pipeline Capacity Constraint exists, however, or if no commercially reasonable pipeline connection exists for such Purity Products, then the price for Local Sales of Purity Products shall be determined pursuant to Section 6.1(a).
The Host will communicate the occurrence of a Capacity Constraint Event to the Guest as soon as reasonably possibly after the Host becomes aware thereof.