Manufacturing Capacity. The Company’s manufacturing capacity to produce the Core Product is no less than 500,000 units of the Core Product per year.
Manufacturing Capacity. (a) Back-Up Manufacturing Right. A "
Manufacturing Capacity. Subject to the remainder of this Section 2.9, Manufacturer warrants to Distributor that, from and after the Launch Date of each Product, Manufacturer will have sufficient capacity at its Manufacturing facilities and the facilities of its Covered Contractors and the suppliers to such contractors to Manufacture and deliver the quantities of such Product requested by Distributor pursuant to the most recent Projected Forecast (as it may be revised and updated on a monthly basis). To the extent Distributor places a purchase order for quantities of Product for any month in excess of [***](9), Manufacturer shall use commercially reasonable efforts to fulfill such order, but in no event shall Manufacturer be liable for or have any obligation with respect to any failure to deliver Product in quantities in excess of [***](9), except to the extent caused by the gross negligence or willful misconduct of Manufacturer; provided that if Distributor places a purchase order for quantities of Product that would cause such Product’s Maximum Capacity to be exceeded for any month and Manufacturer submits or has submitted a written proposal to the Steering Committee for expansion of its Manufacturing capacity pursuant to Section 2.15(e) which, at the time such purchase order was placed by Distributor, is (a) not approved, or remains under consideration, by the Steering Committee, Manufacturer shall be liable for and have obligation with respect to such purchase order only for the maximum number of units that would not cause such Product’s Maximum Capacity to be exceeded for such month, or (b) approved by the Steering Committee, Manufacturer shall be liable for the fulfillment of purchase orders placed after the Steering Committee has approved of such proposal and the period of time for implementation of such proposal as specified by the Steering Committee has passed. Subject to the preceding sentence, Manufacturer warrants to Distributor that, to the extent Distributor places timely purchase orders for quantities of Product, its Manufacture and delivery of Product to Distributor shall be
Manufacturing Capacity. It is understood and agreed that during the OnQ Manufacturing Period, production of OnQ Aerosol Generators shall include making OnQ Aerosol Generators required by MIA for use in MIA’s assembly of the Product and also for use by Aerogen in making other Aerogen products and for Aerogen’s research purposes (which estimated requirements are set forth in Exhibit F); provided that MIA is appropriately reimbursed, to the extent that MIA bears associated costs for such production.
Manufacturing Capacity. Seller will have sufficient capacity and the ability to supply BCI the requested parts per the releases. Seller will provide Buyer in writing the minimum run per part number and the lead time to manufacture said parts. 23)
Manufacturing Capacity. (a) Flextronics shall maintain, and shall cause the Flextronics Affiliated Companies to maintain, sufficient manufacturing capacity in the Facilities during the Term in order to provide Purchasers with all Products ordered by Purchasers hereunder and all Products that are forecasted to be ordered by Purchasers hereunder in accordance with the Product Forecasts. Flextronics and the Flextronics Affiliated Companies shall accept all complete Purchase Orders issued by any Purchaser and received by Flextronics or any Flextronics Affiliated Company in accordance with terms of this Agreement. In the event that Flextronics in good faith believes that Flextronics' and the Flextronics Affiliated Companies' manufacturing capacity will be insufficient to meet Xerox's Product Forecasts, then Flextronics shall notify Xerox in writing thereof immediately and the parties shall promptly meet to develop a solution to this problem.
Manufacturing Capacity. ALLERGAN undertakes to ensure that it has at all times sufficient Manufacturing capacity at the Manufacturing Facilities to satisfy GSK's Product requirements set out in the Rolling Forecasts.
Manufacturing Capacity. The Company currently (i) has, except for drying capacity which it may outsource, the manufacturing capacity to manufacture 500 tons of nutraceutical extracts per year and (ii) has or can readily hire manufacturing and support personnel reasonably necessary to support such manufacturing capacity.
Manufacturing Capacity. During the Term of this Agreement, APO agrees to use [ * ] efforts to allocate sufficient Manufacturing resources in order to meet GILEAD’s requirements of the Product scheduled for delivery in accordance with Section 5 and 6 hereof. Nothing in this Section 3.4 is intended to negate APO’s obligations to fulfil Binding Orders accepted pursuant to Section 6.3 or to prevent GILEAD from submitting aggregate Binding Orders that APO will accept, if otherwise properly submitted, for a calendar year for the applicable Yearly Minimum Volume.
Manufacturing Capacity. GoerTek represents and warrants that it has the manufacturing capability to produce all of Plantronics’ requirements for the Products. GoerTek will promptly notify Plantronics if GoerTek has any reason to believe that it may not be able to meet Plantronics’ production requirements. GoerTek will reserve production capacity sufficient to manufacture Products at 100% quantity indicated by Plantronics’ forecast.
