Capacity Constraints. Clearwire reserves the right to restrict the use of the capabilities and services made available to the Licensee as a Preferred Content Provider under this Section 3.08 if such use is no longer commercially and technically feasible due to limitations in network capabilities. Clearwire shall comply with the provisions of ARTICLE III to ensure timely access to information about capacity usage and permit Licensee a reasonable opportunity to secure alternative access.
Capacity Constraints. 24.1 If GSK or the Nominated Manufacturer is unable to Manufacture the quantities of Products forecasted or ordered by the Purchaser due to:
Capacity Constraints. Certain Products for which Shared Tooling will be used (“Shared Products”) are available from suppliers in limited quantities and may be subject to capacity constraints. If, at any time, Gateway’s and MPC’s combined demand for a Shared Product exceeds the amount available from the supplier, then the supply of that Shared Product will be allocated eighty percent (80%) to Gateway and twenty percent (20%) to MPC (“Allocated Percentages”). However, if a Party’s demand for the Shared Product is less than its Allocated Percentage, then the difference between its demand and its Allocated Percentage shall go to the other Party.
Capacity Constraints. MYT acknowledges and agrees that in the event its capacity to manufacture Products becomes constrained, with the result that MYT cannot fill all of DT's Product orders: 1) up to forty percent (40%) of its available manufacturing capacity must be used to manufacture Products ordered by or on behalf of DT [*****], and 2) DT may otherwise allocate the remaining MYT manufacturing capacity among DT's other customers, including MYT, in any manner determined solely in the discretion of DT.
Capacity Constraints. If orders for the Product exceed Seller's capacity, Seller shall allocate available capacity on a basis Seller, in its reasonable discretion, deems equitable; provided, that, Buyer shall be treated on the same basis as Seller’s most favored, similarly situated customer (whether commercial or governmental), based on pending dollar volume of orders. In addition, the Parties shall discuss in good faith a mutually acceptable course of action to rectify such capacity constraint as soon as possible. *** Confidential treatment requested.
Capacity Constraints. On a quarterly basis, or as requested by Dell, BROCADE agrees to provide ramping and capacity plans ("Capacity Plan") to Dell (in a format acceptable to Dell) to ensure continuity of supply. This Capacity Plan shall include percent available capacity and utilization. In the event that BROCADE's total manufacturing production exceeds [*] of available capacity, BROCADE agrees to put in place the additional manufacturing capacity required to achieve and maintain a [*] manufacturing upside capability to the current Dell forecast [*].
Capacity Constraints. (a) DNB may only refuse an Access Request on the ground that DNB has insufficient capacity or space under section 4.7(a)(4) where DNB notifies the Commission in writing that it does not have sufficient capacity to meet the Access Request because the requisite capacity is: already carrying traffic to full capacity or near full capacity, or above the capacity threshold determined by DNB as being necessary to provide an efficient network; or already reserved for future use by other Access Seekers, where such future use shall commence not later than 6 months from the date of the Access Request. If the reserved capacity is not subsequently used by the reserving party within 7 months from the date of the Access Request, DNB must promptly inform the Access Seeker and, if required by the Access Seeker, re-consider the Access Request in accordance with the process set out in this section 4; and in the case of both sections 4.9(a)(1) and 4.9(a)(2), DNB is unable to expand capacity to meet the requirements in the Access Seeker's Access Request.
Capacity Constraints. If Natural experiences a capacity constraint on a portion of its system or at specific points, it shall (to the extent practicable), apply the scheduling and curtailment provisions hereof, for both firm and interruptible services, only to those Shippers with service affected by that portion of the system or at those points. Natural shall endeavor to restrict scheduling limitations and/or curtailment to as limited a geographical area, number of Shippers and services as reasonably feasible, given the operational capabilities of its system.
Capacity Constraints. Each Party shall be responsible for the scheduling and management of its respective pipeline capacity and pipeline system constraints at the Point. In the event that a capacity constraint occurs on either Party's pipeline system which results in the limitation of quantities through the Point, the Party on whose system the constraint has occurred shall determine the change in Scheduled Quantities for its shippers. Such change in Scheduled Quantities shall be confirmed in writing pursuant to the provisions of Paragraph 1.1 above. If the constraint occurs at the Point, the Party that operates the measurement facilities at the Point shall be deemed to have the constraint on its system.
Capacity Constraints. The Company has limited experience in manufacturing MUSE (alprostadil) in commercial quantities. Up until the commercial launch of sildenafil, the Company had experienced product shortages due to higher than expected demand and difficulties encountered in scaling up production of MUSE (alprostadil). The Company leased 90,000 square feet of space in New Jersey in which it has constructed additional manufacturing and testing facilities . The FDA and MCA authorized the Company to begin commercial production and shipment of MUSE (alprostadil) from its new facility in June 1998 and March 1998, respectively. With the added capacity, the Company does not anticipate capacity constraints in the foreseeable future. However, if the Company encounters further difficulties with either of its current manufacturing facilities, capacity issues could arise. Such capacity constraints could strain relationships with distribution partners due to the need to allocate product between domestic and international markets, and possibly cause patients to seek alternative therapies. Such events could have a material adverse effect on the Company's business, financial condition and results of operations. The Company has recently experienced various manufacturing difficulties that have resulted in production and shipment delays and higher costs. In turn, revenues from the sale of MUSE (alprostadil) will be delayed, which will have a material adverse effect on the Company's business, financial condition and results of operations. The Company and certain of its suppliers and service providers are subject to routine periodic inspections by the FDA and certain state and foreign regulatory agencies for compliance with current Good Manufacturing Practices (cGMP) and other applicable regulations. Certain of the Company's suppliers were inspected for compliance with cGMP requirements as part of the approval process. However, upon routine re-inspection of these facilities, there can be no assurance that the FDA will find the manufacturing process or facilities to be in compliance with cGMP and other regulations. A routine re-inspection of Chinoin, one of the Company's two sources of alprostadil, resulted in the issuance of an FDA Form 483 which set forth areas where Chinoin was not in compliance with cGMP requirements. Chinoin has successfully responded to the FDA report, and is in compliance with cGMP requirements. Failure to achieve satisfactory cGMP compliance as confirmed by routine regulat...
