Preferred Supplier Clause Samples

Preferred Supplier. Customer shall provide to Flextronics and maintain an Approved Vendor List. Flextronics shall purchase from vendors on a current AVL the Materials required to manufacture the Product. Customer shall give Flextronics every opportunity to be included on AVL’s for Materials that Flextronics can supply, and if Flextronics is competitive with other suppliers with respect to reasonable and unbiased criteria for acceptance established by Customer, Flextronics shall be included on such AVL’s. If Flextronics is on an AVL and its prices and quality are competitive with other vendors, Customer will raise no objection to Flextronics sourcing Materials from itself. For purposes of this Section 4.3 only, the term “Flextronics” includes any companies affiliated with Flextronics.

Preferred Supplier. During the Term, Amneal shall be Metsera’s preferred supplier with respect to the supply of commercial Product, and Metsera shall be required to purchase (and Amneal shall supply) (a) at least [***] of Metsera’s, its Affiliates, and its or their sublicensee’s [***] annual requirements of commercial Drug Product and (b) at least [***] of Metsera’s, its Affiliates and its or their sublicensee’s [***] annual requirements of commercial Drug Substance (each of (a) and (b), a “Supply Threshold” and collectively, the “Supply Thresholds”); provided, however, that if Metsera can demonstrate through reasonable written evidence that it has a Third Party supplier, on a Drug Substance-by-Drug Substance basis, of commercial Drug Substance at a lower price to Metsera than the Supply Price combined with the applicable mark-up then Metsera may use such alternative supplier for commercial Drug Substance for any or all of its requirements for commercial Drug Substance, and the Drug Substance Supply Threshold shall be reduced accordingly, provided, further, that in the event that Amneal can beat (taking into account the Supply Price combined with the applicable mark-up) the lower price obtained by Metsera at any time, Metsera and Amneal shall discuss in good faith a plan for Metsera to place future orders for at least [***] of Metsera’s, its Affiliates, and its or their sublicensee’s [***] annual requirements for such commercial Drug Substance with Amneal, subject to any commitments Metsera has with its Third Party supplier. In the event that Metsera sublicenses rights to commercialize all Drug Products that exist at the time such sublicense agreement becomes effective in the entirety of the United States or in the entirety of the European Union to a Third Party and Metsera does not supply at least one Drug Product supplied by Amneal pursuant to this Agreement to such Third Party sublicensee for commercialization in either the United States or the European Union (“Drug Product Outlicense”), (i) Metsera shall provide Amneal with written notice within [***] following the execution of such Drug Product Outlicense and (ii) within [***] following the execution date of such Drug Product Outlicense, Metsera may elect, upon written notice to Amneal, to reduce the Supply Thresholds for the duration of the Term from the levels then in effect as of the effective date of the first commercial sale of the first Drug Product pursuant to the Drug Product Outlicense in accordance with the fol...

Preferred Supplier. Customer shall provide to Flextronics and maintain an Approved Vendor List. Flextronics shall purchase from vendors on a current AVL the Materials required to manufacture the Product. Customer shall give Flextronics every reasonable opportunity to be included on AVL’s for Materials that Flextronics can supply, and, if Flextronics is competitive with other vendors with respect to reasonable and unbiased criteria for acceptance established by Customer, Flextronics shall be included on such AVL’s. If Flextronics is on such an AVL and its terms of sale, including without limitation, prices, quality, ordering terms, lead time, delivery terms and warranty are competitive with other vendors on an AVL for the same Materials, Customer will raise no objection to Flextronics sourcing such Materials from itself For purposes of this Section 4.3 only, the term “Flextronics” includes any Affiliate (defined herein) of Flextronics. “Affiliate” means, with respect to a party, any entity that controls, or is controlled by, or is under common control with a party. For the purposes of this definition, ‘control’ shall mean direct or indirect ownership of greater than fifty percent (50%) of the voting power, capital or other securities.

Preferred Supplier. Customer shall provide a list of vendors currently approved to provide the materials and components specified in the ▇▇▇▇ of materials for the Product (the “Approved Vendor List” or “AVL”). VEM shall purchase from vendors on a current AVL the materials and components required to manufacture the Product. Customer shall give VEM every opportunity to be included on AVL’s for materials and components that VEM can supply, and if VEM is competitive with other suppliers with respect to reasonable and unbiased criteria for acceptance established by Customer, VEM shall be included on such AVL’s. If VEM is on an AVL and its prices and quality are competitive with other vendors, Customer will raise no objection to VEM sourcing materials and components from itself. For purposes of this paragraph only, the term “VEM” includes any companies affiliated with VEM.

Preferred Supplier. Customer shall include Flextronics on AVL for Materials that Flextronics can supply, if Flextronics is competitive with other suppliers with respect to reasonable and unbiased criteria and Flextronics has been approved on the customer’s AVL, Flextronics may then source materials from itself. For purposes of this Section 4.2 only, the term “Flextronics” includes any companies affiliated with Flextronics.

Preferred Supplier. In connection with the Design Services, Flextronics shall prepare an Approved Vendor List for Customer’s acceptance and approval. As part of the Work, Flextronics shall maintain the Approved Vendor List. Flextronics shall purchase from vendors on a current AVL the Materials required to manufacture the Product. Flextronics may be included on such AVLs for Materials that Flextronics can supply provided those Materials conform to Customer’s specific qualification requirements. If Flextronics’s prices are competitive, and its quality is equal to or higher than other CDM - E - 4 - *** Certain information on this page has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions. vendors, Customer approval will not be unreasonably withheld to Flextronics sourcing Materials from itself. For purposes of this Section 5.3 only, the term “Flextronics” includes any companies affiliated with Flextronics.

Preferred Supplier. Customer shall provide to Flextronics and maintain an Approved Vendor List. Flextronics shall purchase from vendors on a current AVL the Materials required to manufacture the Product. Customer shall give Flextronics an opportunity to be included on AVL’s for Materials that Flextronics can supply, and if Flextronics is competitive with other suppliers with respect to reasonable and unbiased criteria for acceptance established by Customer, Flextronics shall be included on such AVL’s. If Flextronics is on an AVL and its prices and quality are competitive with other vendors, Customer will raise no objection to Flextronics sourcing Materials from itself. For purposes of this Section 4.3 only, the term “Flextronics” includes any companies affiliated with Flextronics. For Flextronics sourced material, Flextronics must either provide a reasonable annual cost reduction based upon comparison to similar commodities or provide proof of competitive bidding on the Flextronics sourced parts on an annual basis.

Preferred Supplier. With respect to the supply of any equipment and related services of the nature described in Schedule B hereto, ATS shall be Photowatt’s preferred supplier. If Photowatt determines to purchase any equipment and related services of the nature described in Schedule B hereto, then Photowatt shall send a written notice to ATS which shall contain a description of Photowatt’s requirements with respect to such equipment and related services. Photowatt shall allow ATS the opportunity to submit a bid with respect to the supply of the equipment and related services described in such notice in accordance with this Section. If the parties reach agreement with respect to the supply of such equipment and related services, then such agreement shall constitute a Project Agreement for the purposes of this Agreement and the terms of this Agreement shall apply.

Preferred Supplier. The Parties confirm that ZOLTEK is the preferred supplier to VESTAS of the Products. This is based on the precondition that ZOLTEK remains cost competitive in quantity and quality on existing and future carbon fibre products/models and at the same time fulfils VESTAS quality and delivery requirements. VESTAS anticipates requiring additional volumes of carbon fibre beyond the committed volumes, cf. Appendix A (Firm Delivery Schedules) below in order to meet its production requirements. VESTAS will thus make commitments to alternative carbon fibre suppliers, cf. also the recitals above. In excess of such aggregate carbon fibre commitments with ZOLTEK and alternative suppliers there may additionally be “spot volumes” including any unexpected demand increases or significant changes to the forecast which on short notice need to be purchased by VESTAS. VESTAS agrees to make these spot volumes available to ZOLTEK on a first right of refusal basis. These extra volume opportunities will be presented to ZOLTEK formally in the third quarter of each calendar year for the forward year and informally throughout the year as opportunities for additional volumes arise. First right of refusal in this respect shall mean that Vestas commits to offer these spot volumes first to ZOLTEK before sourcing from other suppliers and that VESTAS commits to purchase such spot volumes in full or in part from ZOLTEK if (i) ZOLTEK is able to supply such spot volumes on competitive prices, required quality and other terms and (ii) if the necessary capacity is available at ZOLTEK to perform both obligations hereunder and obligation to deliver such additional volumes in VESTAS’ reasonable opinion. Trade Agreement between Page 7 of 36 Vestas Wind Systems A/S, DK and ZOLTEK Date: 22-05-07 It is emphasized that ZOLTEK is only obliged to accept and fulfil such extra volume opportunities from VESTAS in excess of an agreed Firm Delivery Schedule, if and to the extent ZOLTEK has submitted an order confirmation to VESTAS regarding such extra volume opportunities. Finally, it is emphasized that fulfilment of orders on an agreed Firm Delivery Schedule, cf. clause 3 below, shall always have first priority at ZOLTEK, unless otherwise agreed with VESTAS.