Fulcrum Priority Clause Samples
Fulcrum Priority. Subject to Section 2.11(c) and the other provisions hereof, during the Term, Fulcrum shall as a matter of first priority accept all Feedstock supplied by WCC’s Site to satisfy 100% of Fulcrum’s requirements for Feedstock up to the Maximum Deliverable Quantity. Subject to Section 2.3, the Parties acknowledge that Fulcrum does not guarantee any specific level of Facility requirements, but only that Fulcrum shall schedule and accept delivery of Feedstock from WCC’s Site for the Maximum Deliverable Quantity. Notwithstanding any other provision in this Agreement, nothing in this Section 2.11 shall limit Fulcrum’s right to solicit, seek to obtain or obtain Feedstock for any shortfall in Maximum Deliverable Quantity from other sources provided, however Fulcrum first seeks to obtain such Feedstock shortfall from any WCC or WCC Affiliate source in the general geographic waste shed of the Facility.
Fulcrum Priority. If Fulcrum requires any Feedstock for its Facility in excess of materials received by Fulcrum under the Primary Supply Agreement, subject to the other provisions of this Agreement, Fulcrum shall schedule and accept such Feedstock (up to the then-applicable Maximum Deliverable Quantity) from Supplier to the extent required for Fulcrum’s Facility. The Parties acknowledge that Fulcrum does not guarantee any specific level of Facility requirements for Feedstock and that nothing in this Agreement limits Fulcrum’s right to obtain Feedstock or material similar to Feedstock from one or more Persons during any period in which Supplier is unable to deliver Feedstock in the quantities required from time to time by Fulcrum hereunder.