Ability to Supply. During the Term, SELLER shall commit to supply Product that meets the Specifications, in accordance with the terms of this Contract.
Ability to Supply. During the Term, Seller shall maintain in full force and effect the capability to supply Biodiesel sufficient to meet Seller’s obligations under this Contract.
Ability to Supply. During the Original Term, Seller shall maintain in full force and effect the capability to supply Biodiesel sufficient to meet Seller’s obligations under this Contract. Upon Hawaiian Electric’s reasonable request, Seller shall provide Hawaiian Electric assurances of Seller’s ability to perform under this Contract. Hawaiian Electric and Seller shall, following the Execution Date, mutually define and agree upon the specific assurances to be provided under this Section 7.1.
Ability to Supply. During the Original Term and any Extension, Seller shall maintain in full force and effect the capability to supply Fuel sufficient to meet Seller’s obligations under this Contract. Upon Hawaiian Electric’s reasonable request, Seller shall provide Hawaiian Electric assurances of Seller’s ability to perform under this Contract.
Ability to Supply. As of the date hereof, Licensor represents and warrants to Licensee that it presently has and shall have the ability to supply the aforesaid essential components to the Licensee or its designated recipient.
Ability to Supply. Flextronics will provide Nortel Networks preferential treatment with respect to security of supply of the Products. However, if Flextronics does not have sufficient supply of the Products to meet Flextronics’s Allocation of Nortel Networks requirements, Nortel Networks may source some or all of the portion of Flextronics’s Allocation that Flextronics is unable to supply from other suppliers. If Flextronics continues to be able to supply 50% or more of Flextronics’s Allocation of Nortel Networks requirements during the period when Flextronics is unable to meet all of Nortel Networks requirements, then Nortel Networks will return the sourcing of the affected Products to Flextronics at the end of this period. If Flextronics is not able to supply such level of Nortel Networks requirements, then the revenue associated with the affected Products will be subject to Section 1.3.5 Nortel Networks may exercise any of its rights to source from alternative suppliers as provided in subsections (A) – (E) above, upon 90 days written notice. In any situation where Flextronics disputes the reason for such exercise of Nortel Networks rights, Flextronics shall, within fifteen days of receiving such notice, forward the dispute to the Issue Resolution and Escalation Process.
Ability to Supply. During the Term of this Contract, Seller shall maintain in full force and affect the capability to supply Fuel sufficient to meet Seller’s obligation under this Contract. Upon the Companies’ reasonable request, Seller shall provide the Companies assurances of Seller’s ability to perform under this Contract.
Ability to Supply. 7.1 The Company may accept or refuse any Order for Goods in its absolute discretion and may make its acceptance of an Order conditional upon a satisfactory credit assessment of the Customer.
Ability to Supply. Throughout the Initial Term and any Extension, Seller shall supply the Product in conformance with the Specifications in the amounts necessary to meet all of Seller’s obligations under this Agreement. At any time upon the Companies’ reasonable request, Seller shall provide the Companies with assurances of Seller’s ability to perform such supply obligations under this Agreement.
Ability to Supply. CPT acknowledges that a reliable and continuous source of supply of Material(s) or Devices is a fundamental prerequisite to MDC's ability to manufacture and sell Devices. Therefore CPT hereby grants MDC a royalty free license, for an initial period of five (5) years, under all requisite technology to manufacture, have manufactured, and use Material or Devices solely in the Field, only upon the occurrence of (i) an Event in Section 8(d) with respect to CPT, (ii) CPT's failure to deliver Material or Devices to MDC within sixty (60) days of the required date, (iii) CPT's delivery to MDC of three (3) batches of Material or Devices within any calendar year that do not conform to the Specifications, Processes or Protocols then in effect, or (iv) CPT materially defects in the observation or performance of, or otherwise materially breaches any representation, warranty, covenant or other term hereof, and such defect or breach is not cured within sixty days of CPT's receipt of notice thereof from MDC. To give effect to the foregoing, CPT agrees to PLACE THE SUPPLIER TECHNOLOGY, RELATING TO THE FORMULATION AND MANUFACTURE OF THE MATERIAL, IN AN ENVIRONMENTALLY SECURED CONTAINER, PIECE OF EQUIPMENT OR ELECTRONIC STORAGE DEVICE (SUCH AS A FIREPROOF VAULT, FIREPROOF FILING CABINET OR COMPUTER DISC STORAGE) THAT IS NOT WITHIN THE CONFINES OF CPT'S MANUFACTURING FACILITY(ICES). The purpose of the last clause is to assure a continuous supply of Material to MDC.
