Supply Guarantee Clause Samples

Supply Guarantee. Subject to Curtailment Events (as defined below) and Force Majeure (as defined below), Seller guarantees permanent (24/7) availability and supply of Power as agreed between the Parties and planned under the Delivery Schedule. Curtailment Events Seller shall be entitled at its sole discretion and without any liability to the Buyer to curtail the Power supply of the Buyer for a maximum of 5% of total hours per year of the PPA (the “Curtailment Events”). A Curtailment Event shall mean at least a 1-hour window during which Seller in its sole discretion shall be entitled to reduce, partially or fully, the Power supply. In the Curtailment Event, and provided that the Seller provides reasonable advance notice to curtail the Buyer, the Buyer shall curtail within five (5) minutes. The available Power supply for curtailment will not include any amount of capacity or energy that is sold as an ancillary services product or being otherwise managed to generate Incremental Energy Value (as defined below). (In the future if both Parties agree and the Buyer becomes a certified as a CLR as outlined below, Seller will have the ability to curtail 55% of the Power. If Buyer does not become certified as a CLR as outlined below, Seller will have the ability to curtail 100% of the Power.)

Supply Guarantee. Standard Power shall be entitled at its sole discretion and without any liability to BF to curtail the Power at each Facility for a maximum of 3% of total hours of power supply per rolling twelve-month period during the Term (the “Curtailment Events”). A Curtailment Event shall mean at least a 1-hour window during which Standard Power in its sole discretion shall be entitled to reduce, partially or fully, the power supply following 30-minute written notice to BF.

Supply Guarantee. Company guarantees that it shall use its best efforts to supply the quantity of Products ordered by Cangene and confirmed by Company during the Term of this Agreement. In the event Company is unable to supply the quantity of Products requested by Cangene, Company shall provide immediate written notice to Cangene. In the event this Agreement terminates for any reason other than Cangene’s failure to pay undisputed amounts, Cangene shall be entitled to purchase Product from Company, pursuant to the terms and conditions of this Agreement, for a period of [**] months following the date of any notice of termination. For sake of clarity, quantities of Product ordered during such [**] month period following the date of any notice of termination, should be in line with quantities previously ordered by Cangene.

Supply Guarantee. The Supplier undertakes to supply the Goods as specified in the “FMC - List of requirements” (Annex 1) for perpetuity until the termination of this contract (provided that the Minimum Quantity and the other provisions of this contract are met). Once the software version is agreed the Supplier commits to fix the bugs or defects affecting the safety in that version and will notify the Customer in detail of all changes that are made.

Supply Guarantee. Vendor shall produce, deliver and sell to Beaumont the Products in such quantities as Beaumont may require from time to time and undertake reasonable efforts to ensure delivery of such Products as and when required by Beaumont. Vendor shall notify Beaumont immediately upon becoming aware of any event or occurrence that may reasonably be expected to impact Vendor’s ability to fulfill Beaumont’s orders for Products (each such event or occurrence is referred to herein as an “Emergency Condition”). In the event of an Emergency Condition, Vendor shall undertake commercially reasonable efforts to sequester such quantities of Products as are necessary to meet Beaumont’s anticipated inventory needs as determined by Vendor in its reasonable discretion based upon Beaumont’s historical product activity data and shall give priority to orders for Products placed by Beaumont for so long as the Emergency Condition persists. Notwithstanding any other provision of this Agreement to the contrary, in the event Vendor is unable to fulfill an order for Products as and when required by Beaumont (such inability hereinafter referred to as a “Shortage”), Vendor shall be liable to Beaumont in the amount of the difference between the price of the Products and the amount actually paid by Beaumont for the same or a suitable replacement. Such liability shall be in addition to, and not in lieu of, any other liability Vendor may have to Beaumont at law or in equity.