Preferred Supplier. Customer shall provide to Flextronics and maintain an Approved Vendor List. Flextronics shall purchase from vendors on a current AVL the Materials required to manufacture the Product. Customer shall give Flextronics every opportunity to be included on AVL’s for Materials that Flextronics can supply, and if Flextronics is competitive with other suppliers with respect to reasonable and unbiased criteria for acceptance established by Customer, Flextronics shall be included on such AVL’s. If Flextronics is on an AVL and its prices and quality are competitive with other vendors, Customer will raise no objection to Flextronics sourcing Materials from itself. For purposes of this Section 4.3 only, the term “Flextronics” includes any companies affiliated with Flextronics.
Preferred Supplier. Customer shall include Flextronics on AVL for Materials that Flextronics can supply, if Flextronics is competitive with other suppliers with respect to reasonable and unbiased criteria and Flextronics has been approved on the customer’s AVL, Flextronics may then source materials from itself. For purposes of this Section 4.2 only, the term “Flextronics” includes any companies affiliated with Flextronics.
Preferred Supplier. Customer shall provide to Flextronics and maintain an Approved Vendor List. Flextronics shall purchase from vendors on a current AVL the Materials required to manufacture the Product. Customer shall give Flextronics an opportunity to be included on AVL’s for Materials that Flextronics can supply, and if Flextronics is competitive with other suppliers with respect to reasonable and unbiased criteria for acceptance established by Customer, Flextronics shall be included on such AVL’s. If Flextronics is on an AVL and its prices and quality are competitive with other vendors, Customer will raise no objection to Flextronics sourcing Materials from itself. For purposes of this Section 4.3 only, the term “Flextronics” includes any companies affiliated with Flextronics. For Flextronics sourced material, Flextronics must either provide a reasonable annual cost reduction based upon comparison to similar commodities or provide proof of competitive bidding on the Flextronics sourced parts on an annual basis.
Preferred Supplier. Customer shall provide to Flextronics and maintain an Approved Vendor List. Flextronics shall purchase from vendors on a current AVL the Materials required to manufacture the Product. Customer shall give Flextronics every reasonable opportunity to be included on AVL’s for Materials that Flextronics can supply, and, if Flextronics is competitive with other vendors with respect to reasonable and unbiased criteria for acceptance established by Customer, Flextronics shall be included on such AVL’s. If Flextronics is on such an AVL and its terms of sale, including without limitation, prices, quality, ordering terms, lead time, delivery terms and warranty are competitive with other vendors on an AVL for the same Materials, Customer will raise no objection to Flextronics sourcing such Materials from itself. For purposes of this Section 4.3 only, the term “Flextronics” includes any Affiliate (defined herein) of Flextronics. “Affiliate” means, with respect to a party, any entity that controls, or is controlled by, or is under common control with a party. For the purposes of this definition, ‘control’ shall mean direct or indirect ownership of greater than fifty percent (50%) of the voting power, capital or other securities.
Preferred Supplier. Customer shall maintain and provide to Flextronics an Approved Supplier List or “ASL”. Flextronics shall only purchase Materials required to manufacture the Product from suppliers on a current ASL. Customer shall give Flextronics every opportunity to be included on ASLs for Materials that Flextronics can supply. For purposes of this Section 4.3 only, the term “Flextronics” includes Affiliates of Flextronics.
Preferred Supplier. In connection with the Design Services, Flextronics shall prepare an Approved Vendor List for Customer’s acceptance and approval. As part of the Work, Flextronics shall maintain the Approved Vendor List. Flextronics shall purchase from vendors on a current AVL the Materials required to manufacture the Product. Flextronics may be included on such AVLs for Materials that Flextronics can supply provided those Materials conform to Customer’s specific qualification requirements. If Flextronics’s prices are competitive, and its quality is equal to or higher than other CDM - E - 4 - *** Certain information on this page has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions. FLEXTRONICS AND CUSTOMER CONFIDENTIAL vendors, Customer approval will not be unreasonably withheld to Flextronics sourcing Materials from itself. For purposes of this Section 5.3 only, the term “Flextronics” includes any companies affiliated with Flextronics.
Preferred Supplier. With respect to the supply of any equipment and related services of the nature described in Schedule B hereto, ATS shall be Photowatt’s preferred supplier. If Photowatt determines to purchase any equipment and related services of the nature described in Schedule B hereto, then Photowatt shall send a written notice to ATS which shall contain a description of Photowatt’s requirements with respect to such equipment and related services. Photowatt shall allow ATS the opportunity to submit a bid with respect to the supply of the equipment and related services described in such notice in accordance with this Section. If the parties reach agreement with respect to the supply of such equipment and related services, then such agreement shall constitute a Project Agreement for the purposes of this Agreement and the terms of this Agreement shall apply.
Preferred Supplier. Customer shall provide a list of vendors currently approved to provide the materials and components specified in the xxxx of materials for the Product (the “Approved Vendor List” or “AVL”). VEM shall purchase from vendors on a current AVL the materials and components required to manufacture the Product. Customer shall give VEM every opportunity to be included on AVL’s for materials and components that VEM can supply, and if VEM is competitive with other suppliers with respect to reasonable and unbiased criteria for acceptance established by Customer, VEM shall be included on such AVL’s. If VEM is on an AVL and its prices and quality are competitive with other vendors, Customer will raise no objection to VEM sourcing materials and components from itself. For purposes of this paragraph only, the term “VEM” includes any companies affiliated with VEM.
Preferred Supplier. The Parties confirm that ZOLTEK is the preferred supplier to VESTAS of the Products. This is based on the precondition that ZOLTEK remains cost competitive in quantity and quality on existing and future carbon fibre products/models and at the same time fulfils VESTAS quality and delivery requirements. First Right of Refusal regarding “spot volumes” VESTAS anticipates requiring additional volumes of carbon fibre beyond the committed volumes, cf. Appendix A (Firm Delivery Schedules) below in order to meet its production requirements. VESTAS will thus make commitments to alternative carbon fibre suppliers, cf. also the recitals above. In excess of such aggregate carbon fibre commitments with ZOLTEK and alternative suppliers there may additionally be “spot volumes” including any unexpected demand increases or significant changes to the forecast which on short notice need to be purchased by VESTAS. VESTAS agrees to make these spot volumes available to ZOLTEK on a first right of refusal basis. These extra volume opportunities will be presented to ZOLTEK formally in the third quarter of each calendar year for the forward year and informally throughout the year as opportunities for additional volumes arise. First right of refusal in this respect shall mean that Vestas commits to offer these spot volumes first to ZOLTEK before sourcing from other suppliers and that VESTAS commits to purchase such spot volumes in full or in part from ZOLTEK if (i) ZOLTEK is able to supply such spot volumes on competitive prices, required quality and other terms and (ii) if the necessary capacity is available at ZOLTEK to perform both obligations hereunder and obligation to deliver such additional volumes in VESTAS’ reasonable opinion. Trade Agreement between Page 7 of 36 Vestas Wind Systems A/S, DK and ZOLTEK Date: 22-05-07 It is emphasized that ZOLTEK is only obliged to accept and fulfil such extra volume opportunities from VESTAS in excess of an agreed Firm Delivery Schedule, if and to the extent ZOLTEK has submitted an order confirmation to VESTAS regarding such extra volume opportunities. Finally, it is emphasized that fulfilment of orders on an agreed Firm Delivery Schedule, cf. clause 3 below, shall always have first priority at ZOLTEK, unless otherwise agreed with VESTAS.
Preferred Supplier. Customer shall provide to BreconRidge and maintain an Approved Vendor List for Materials. BreconRidge shall only purchase Materials from vendors on a current AVL, with priority given to the preferred vendor as identified by Customer with input from BreconRidge. Subject to Customer’s other commitments, Customer shall give BreconRidge a reasonable opportunity to be included on AVL’s for Materials that BreconRidge itself can supply, and if BreconRidge is competitive with other vendors with respect to pricing, functionality, lead time and performance, quality, warranty coverage, supply flexibility and meets the reasonable criteria for acceptance established by Customer, BreconRidge may be included on such AVL’s with Customer’s approval. Subject to Customer’s other commitments, if BreconRidge is on an AVL and its prices, quality and performance are competitive with other vendors, Customer will raise no objection to BreconRidge sourcing Materials from itself. For purposes of this Section 4.3 only, the terms “BreconRidge” and “itself” includes any companies affiliated with BreconRidge. BreconRidge shall be responsible for such Materials sourced from itself on the AVL notwithstanding the approval of such AVL by Customer.
