Increases in Capacity Sample Clauses

Increases in Capacity. PathNet has the authority to periodically increase the capacity beyond the Initial System. However, each increase in capacity must meet the upgrade threshold in PARA 2.

Increases in Capacity. Purchaser may from time to time, by notice to Nanophase, request increases in Nanophase's capacity to manufacture and ship Product to Purchaser hereunder. Each requested increased level of capacity shall be stated in kilograms per month. Nanophase agrees that it will implement any request for which, after compliance with such request, total requested capacity will be 26,500 kilograms per month or less. In the case of any request for which, after compliance with such request, total requested capacity would be more than 26,500 kilograms per month (a "Declinable Request"), Nanophase may, within one month after the delivery of Purchaser's notice, deliver a response stating that Nanophase declines to implement the requested increase in capacity, in which case Purchaser shall have the rights set forth in Article V. No more than one Declinable Request may be made in any calendar quarter, and the incremental new capacity specified in any Declinable Request may not exceed 15,200 kilograms per month. Any increase requested by Purchaser pursuant to this Section 3.02 (other than a Declinable Request declined as permitted by this Section 3.02) shall be implemented within 180 days after the delivery of Purchaser's request. Nanophase will at all times maintain actual capacity to manufacture and ship Product of at least 120% of the requested capacity required to be implemented from time to time pursuant to this Section 3.02.

Increases in Capacity. At any time, and from time to time, Pathnet shall have the right, at its sole discretion, to increase the capacity of the System beyond the capacity created in the initial build-out; provided, that Pathnet fulfills the following conditions before Commissioning any such proposed Capacity Expansion: (a) Capacity Expansion Schedule. At least fifteen (15) days prior to any Capacity Expansion, Pathnet shall provide to Incumbent a capacity expansion schedule (each, a "Capacity Expansion Schedule") setting forth the amount of capacity to be included in such Capacity Expansion, the specific paths to be expanded, the expansion name (including each path that is affected), and the expected Commissioning of such Capacity Expansion.