Capacity Commitment Clause Samples

Capacity Commitment. (a) Within ten (10) days after receipt of Spansion’s four quarter forecast, SMIC shall provide Spansion with a written plan detailing SMIC’s manufacturing capacity commitments for the forecast period (the “Capacity Plan”), provided that in any calendar quarter, SMIC shall provide [*******] of the Firmly Forecast Orders for such quarter and shall use commercially reasonable efforts to provide additional capacity beyond [*******], as requested and as available. Spansion will order an amount equivalent to [*******] of the forecast for such quarter or the Capacity Plan, whichever is less. If Spansion believes Spansion requires more capacity than provided in the Capacity Plan, the Parties shall cooperate in good faith to resolve Spansion’s capacity requirements. [*******] Confidential treatment requested. (b) SMIC shall provide current-quarter weekly Wafer output updates to the four quarter forecast of Contract Wafers. This weekly update would comprehend anticipated changes to forecast related to deviations from planned cycle-time, Yield and fabrication processing excursions. Spansion's production control staff will use the weekly updates to direct SMIC activities. (c) SMIC shall provide Spansion prompt written notice if SMIC becomes aware of any circumstance which may constrain its capacity to manufacture Contract Wafers in accordance with the then current four quarter forecast. If SMIC’s manufacturing capacity to manufacture products for Spansion is constrained for any reason, SMIC will treat Spansion as it does its other sole sourced customers and with the same priority as such customers, without regard to wafer pricing. (d) Subject to agreement on the terms and conditions associated therewith, SMIC agrees to maintain a wafer bank with [*******] of volume in amounts requested by Spansion (henceforth to be referred to as the "Wafer Bank") in an amount no greater than [*******] Contract Wafers. The Wafer Bank will be arranged such that inventory carried in the Wafer Bank shall, for financial accounting purposes, be inventory of SMIC.

Capacity Commitment. RBC will provide capacity information regarding the Product to the JSC so that the JSC can discuss it on a quarterly basis. This capacity information is shared with 3M for 3M’s planning purposes only.

Capacity Commitment. Xcel Energy agrees to provide and keep available throughout the term of this Agreement for Customer’s use at the above location kilovolt-amperes of capacity. Xcel Energy also agrees to provide additional capacity to an aggregate of kilovolt-amperes upon reasonable notice from Customer specifying the additional amount of capacity and the date same will be required. Reasonable notice shall be construed as meaning ample time in which Xcel Energy can provide such additional capacity in its system as may be necessary.

Capacity Commitment. The parties agree to work in good faith to review the forecast with respect to MPUs provided by AMD pursuant to Section 5.1, including a review of all incremental capital costs and expenditures expected to be incurred by FoundryCo resulting from any increase in the MPU Product volumes pursuant to the MPU Product forecasts. Upon completion of such review, and to the extent agreed to by the parties regarding the implementation of any additional capacity at FoundryCo Manufacturing Entities, FoundryCo shall allocate such additional capacity sufficient to produce the MPU Product volumes indicated in the relevant Binding Forecasts. The parties agree to act in good faith and in reasonable manner in connection [****] = Certain confidential information contained in this document, marked by brackets, has been omitted and filed separately with the Securities and Exchange Commission pursuant to Rule 24b-2 of the Securities Exchange Act of 1934, as amended. Confidential treatment has been granted with respect to the omitted portions. with such review and any agreement to allocate such capacity. The parties agree to establish capacity requirements in writing in advance for the manufacture and supply of GPU Products. Notwithstanding the foregoing, FoundryCo will use commercially reasonable efforts to fill any unutilized capacity at FoundryCo Manufacturing Entity facilities that has been allocated to AMD as set forth in this Agreement with production on behalf of third parties, and FoundryCo will offset AMD’s obligations to reimburse FoundryCo’s fixed costs for such unutilized capacity by the percentage of such unutilized capacity FoundryCo uses to manufacture products for third parties; provided that FoundryCo shall not be required to fill such unutilized capacity that has been allocated to AMD if there exists unutilized capacity at FoundryCo Manufacturing Entity facilities that has not been allocated to AMD.

Capacity Commitment. Xcel Energy agrees to provide and keep available throughout the term of the Agreement for Licensee’s use at its equipment locations sufficient capacity necessary to provide Licensee with electric service for Lights.

Capacity Commitment. (i) Company will allocate capacity for Distributor up to Distributor’s average weekly purchase volume for the last three (3) months or based upon Distributor’s monthly forecast volume, whichever is less. Increases over capacity allocation will be jointly agreed upon with Company’s ability to supply as the key determining factor. Company Manager will work with Distributor purchasing department to develop an “ability to substitute” program, provided that such substitutions utilize available raw materials and manufactured components. (ii) Company will develop programs to provide quick turns for targeted customers, with such programs to be defined in separate side letters

Capacity Commitment. Subject to the terms and conditions set forth in this Agreement, each [*] shall reserve capacity at the Facilities sufficient to fabricate an amount of Die equivalent to the lesser of (a) the Maximum Committed Capacity Amount of Die applicable to such [*], (b) the Long-Term Committed Capacity Amount of Die for such [*] and (c) the Short-Term Committed Capacity Amount of Die for such [*] determined in accordance with the provisions of Article 9.2.

Capacity Commitment. Capacity Commitment means the maximum number of Green Ties which Provider can treat at each Plant for Customer, producing an equal number of Treated Ties, as set forth in Appendix D.

Capacity Commitment. Olmsted County will provide landfill disposal capacity for Bypass Waste, Separated Processible Waste, and approved Nonprocessible Waste generated in Dodge County. This disposal commitment is limited to the term of this agreement.