Insufficient Capacity Clause Samples
The Insufficient Capacity clause defines the procedures and responsibilities when a party is unable to provide the agreed-upon quantity of goods or services due to limited resources or production constraints. Typically, this clause outlines notification requirements, prioritization of deliveries, or possible adjustments to obligations if capacity falls short. Its core function is to manage expectations and allocate risk between parties in situations where supply cannot meet contractual demand, thereby reducing disputes and providing a clear framework for handling shortages.
Insufficient Capacity. Based on the adopted level of service standard for schools, if sufficient school capacity is not available or planned to serve a development at the time of impact, the School Board staff shall advise the applicable Local Government of the capacity deficiencies. If sufficient capacity is not available or planned to serve the development at the projected time of impact, the Local Government shall advise the developer that the School Board staff has identified there may be insufficient capacity to serve the development at the time of projected impact. The Local Government shall then advise the developer that they may choose to explore with the School Board and Local Government to provide mitigation for the anticipated impact at the time of review of the final site plan, final plat, or the functional equivalent. If the developer chooses to utilize the options identified in Section 11.5 of this Agreement, the developer shall enter into an enforceable and binding agreement with the School Board and Local Government. It is required that an enforceable and binding agreement be executed by the School Board prior to the Local Government’s public hearing for approval of the final site plan, final plat, or the functional equivalent. When the agreement is approved by the School Board, the agreement will then be presented for approval to the Local Government at the public hearing for the final site plan, final plat, or the functional equivalent. If the developer chooses not to utilize this option, the developer shall acknowledge in writing to the School Board that they understand that they shall be required to address those anticipated deficits prior to final site plan, final plat or the functional equivalent. The review by the School Board staff regarding comprehensive plan amendments, rezonings and DRIs containing residential units shall be classified as a Planning Level Review. The Planning Level Review does not constitute school concurrency review. This Section shall not be construed to obligate a Local Government to deny an application should the School Board fail to identify options to meet anticipated demand or should the collaborative process described in this Section fail to yield a means to ensure sufficient capacity.
Insufficient Capacity. This means that there is insufficient Elevation Capacity available at a Load Port to meet demand sought under Long Term Nominations in accordance with Part B clause 3.
Insufficient Capacity. If at any time LMGC, acting reasonably, determines (whether from reviewing the reports Airline provides under Section 1.7, from a review of SABRE or otherwise) that the capacity made available to LMGC **** with respect to a particular **** day period that has not been completed does not comply with Section 1.3, LMGC may notify Airline thereof. ****
Insufficient Capacity. If at any time LMGC, acting reasonably, determines (whether from reviewing the reports Airline provides under Section 1.7, from a review of SABRE or otherwise) that the capacity made available to LMGC on a **** Route or **** Route with respect to a particular **** day period that has not been completed does not comply with Section 1.3, LMGC may notify Airline thereof. If Airline has not remedied the situation to the reasonable satisfaction of LMGC within 72 hours thereafter, LMGC shall be entitled to book Special Tickets on such **** Route or **** Route, as applicable, in any other economy booking classes in order to ensure that it has the capacity required under Section 1.3 with respect to such **** day period, and the fares payable by LMGC for such Special Tickets shall still be the Special Fares. Similarly, if at any time LMGC determines that it was not provided sufficient capacity on a **** Route or **** Route with respect to any particular **** day period that has then been completed, it may notify Airline thereof. If Airline has not remedied the situation to the reasonable satisfaction of LMGC within 72 hours thereafter, LMGC shall be entitled, for the **** day period thereafter and in addition to the capacity otherwise provided hereunder on such **** Route or **** Route, as applicable, to book additional Airline Seats at the Special Fares in any other economy booking classes in a number sufficient to make up the deficiency for that particular **** day period. In selecting other classes to look to for purposes of this Section 1.4, LMGC shall review the available classes in order of priority, starting with the lowest priority as advised to LMGC from time to time by Airline in writing. If, as a result of booking Special Tickets in any such other class for which the Special Fares have not been loaded, LMGC pays an amount therefor greater than the Special Fares, Airline shall promptly make any required adjustments in connection therewith.
Insufficient Capacity. Lack the capacity in accordance with Sections 9.1or 9.2 or 9.3 which is not attributable to Saifun, and Macronix fails to cure in accordance with the provisions of Section 9.7; or
Insufficient Capacity. VIRL shall have the right to reject any request for Services, including any Statement of Work or Change Order requested by NXP or any of its Affiliates, to the extent above the Minimum Quarterly Redemption on a quarterly basis, if it reasonably determines, after good faith discussion with NXP, that it does not have the capacity to fulfill the requirements.