Continuous Supply. Seller acknowledges that Buyer is depending upon Seller’s performance under this Contract in order for Buyer to meet its obligations to its customers. Accordingly, Seller will ensure an uninterrupted supply of Goods to Buyer in accordance with the terms of this Contract and may not suspend its performance under this Contract or terminate all or any part of this Contract for any reason without the written consent of an authorized SCM Representative. In the event of any dispute between Xxxxxx and Xxxxx arising out of, or in connection with, this Contract, Xxxxx and Xxxxxx will work to resolve the dispute in good faith; provided, however, that notwithstanding any dispute with Xxxxx, Seller will provide Buyer with an uninterrupted supply of Goods in accordance with the terms of this Contract. In the event of any uncertainty relating to Seller’s supply of the Goods or actual or potential delay in the performance of Seller’s obligations under this Contract, Buyer may, upon written notice by an authorized SCM Representative, require Seller to manufacture and deliver to Buyer Goods in excess of Buyer’s current requirements in amounts determined by Buyer in good faith.
Continuous Supply. GW agrees to act in good faith in performing its obligations under this Agreement and shall not wilfully delay production nor wilfully withhold Delivery of the Product.
Continuous Supply. Commencing with the Initial Order and throughout the Term, TherOx shall provide Purchase Orders for consecutive supply by KMC of at least [***] ([***]) units of the Instrument each month.
Continuous Supply. It is intended that Owner will provide a continuous supply of Thermal Energy to Operator during such periods as the Facility is not shut down, and Owner shall consult with Operator on a regular basis as to the scheduling of Facility, Pipeline and Heat Exchange System maintenance or other scheduled events and to notify Operator as soon as practical of any nonscheduled events or circumstances which would reduce or curtail its ability to supply Thermal Energy from the Facility. During such periods of reduction or curtailment of Thermal Energy supply from the Facility, Operator shall provide Thermal Energy through use of the Auxiliary Boiler, as set forth in Section 5.9(b) hereof. Notwithstanding the foregoing, Owner shall not be liable for any loss or damage to property resulting from any failure, interruption, reduction or suspension of the supply of Thermal Energy hereunder unless, and to the extent that, willful misconduct by Owner, its agents or employees directly results in loss or damage which interrupts, reduces or suspends the supply of Thermal Energy from the Auxiliary Boiler. Operator shall not operate the Auxiliary Boiler during periods in which an adequate supply of Thermal Energy is available from the Facility.
Continuous Supply. DURA shall provide or cause P&G to provide FHP with a continuous supply of FHP's requirements for Supplied Products during the Supply Term. Such obligation shall continue regardless of whether DURA's cost to supply Supplied Product exceeds any agreed upon purchase price provided for in this Agreement.
