Common use of Upside Flexibility Clause in Contracts

Upside Flexibility. Fine Pitch will use reasonable efforts to accommodate such requests on a case-by-case basis. Requests for increased quantities will be subject to additional charges and will be contingent upon manufacturing and materials assembly cycle time, availability of material, personnel and capacity resources. Such charges shall be reviewed and approved by Customer prior to the upside being implemented. Customer acknowledges that upside flexibility for material measured within *** prior to a delivery date is *** of the *** forecast and that continual upside demand to use these materials will create a gap in the supply chain at some point.

Appears in 2 contracts

Sources: Manufacturing Services Agreement, Manufacturing Services Agreement (Data Domain, Inc.)