Common use of Capacity Constraints Clause in Contracts

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. 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 [*****]for delivery to or for the account or upon the designation of Hewlett-Packard Company, 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.