Common use of Rush Orders Clause in Contracts

Rush Orders. If Vivint Solar submits a Purchase Order with a Delivery Schedule that does not allow for the Required Lead Time (a “Rush Order”), and Vivint accepts such Purchase Order, Vivint shall use commercially reasonable efforts to fill any such Rush Order, including using the buffer inventory maintained pursuant to Section 7.1, if any, to fulfill any such Rush Order. Vivint may increase the Unit Price of each Product that is subject to a Rush Order by ten percent (10%). Notwithstanding anything in this Section 3.1.4, Vivint shall be under no obligation to accept a Rush Order if the PO Product Quantity exceeds the buffer inventory of the ordered Products, if any, maintained pursuant to Section 7.1 as of the first Scheduled Ship Date proposed by Vivint Solar under such Purchase Order.