Upside Support Clause Samples

Upside Support. When requested by Sun from time to time, SCM Microsystems shall use best efforts to sell and deliver to Sun Product(s) (i) in excess of the then latest forecast or (ii) at an accelerated delivery schedule (collectively "Upside Support"). The particulars of SCM Microsystems' obligation to provide Upside Support shall be set out in the Award Letter.

Upside Support. The terms and conditions for Upside Support are set forth in Exhibit H. Infortrend will use commercially reasonable efforts to accommodate Dot Hill requests for Products beyond the Upside Support agreed to in Exhibit H. Upon designation of a Dot Hill product that includes a Product as end of life by Dot Hill, Infortrend shall not be required to provide for Upside Support for such Product unless mutually agreed by the parties. When requested by Dot Hill, Infortrend shall use commercially reasonable efforts to sell and deliver Product(s) to Dot Hill at an accelerated delivery schedule.

Upside Support. Dot Hill may request all or any part of Upside Support quantity at anytime, up to the maximum amount indicated below, beginning upon Dot Hill’s first customer shipment of the Product(s) to a customer of Dot Hill. Supplier shall sell, manufacture and ship such Upside Support quantities to Dot Hill on a “first-in, first-out” basis. Supplier shall provide to Dot Hill upside flexibility upon and after first customer ship to the then-current production forecast to allow for the following conditions: (i) [***] of Upside Support to any [***] forecasted demand to be delivered within [***] of a Dot Hill request occurring no earlier than [***] after the date of any previous Dot Hill request for such Upside Support; (ii) [***] of Upside Support to the [***] forecasted demand to be delivered within [***] of a Dot Hill request occurring no earlier than [***] after the date of any previous Dot Hill requests for Upside Support; and (iii) [***] of Upside Support to the [***] forecasted demand to be delivered within [***] of a Dot Hill request occurring no earlier than [***] after the date of any previous Dot Hill requests for Upside Support. Supplier shall accommodate any requests from Dot Hill for delivery of Upside Support of quantities of Products in the timeframes indicated above subject, however, to the payment of an additional charge by Dot Hill to Supplier for such Upside Support. Such additional charge will be equal to [***] of Supplier’s then-current average manufacturing cost for the [***]. The parties will collectively use their best efforts to implement a vendor managed inventory (“VMI”) or hubbing program with third party suppliers of drives which are to be included in the Products. Supplier shall also use commercially reasonable efforts to implement a vendor managed inventory (“VMI”) or hubbing program with third party suppliers of power supply units and other major components which are included in Products. Upon implementation by Supplier or Dot Hill of a VMI or hubbing program with such drive, power supply unit and/or other major component suppliers, except as otherwise agreed in writing by Supplier and Dot Hill, Dot Hill [***]. Supplier shall provide to Dot Hill upon request thorough information as to quantities and costs of Products, major components and raw materials that Supplier maintains on hand to support the Upside Support requirements in this Second Award Letter. Supplier will also provide to Dot Hill on a [***] basis details regarding the amount ...

Upside Support. Dot Hill may request all or any part of Upside Support quantity at anytime during the applicable quarter up to the maximum amount indicated beginning with Dot Hill's announcement general availability of the Dot Hill product or system that incorporates the Product(s) ("GA"). Supplier shall sell, manufacture and ship such Upside Support quantities to Dot Hill on a "first-in, first-out" basis after Dot Hill's written request. [...***...] [...***...] [...***...] [...***...] [...***...] [...***...] [...***...] = CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, MARKED BY BRACKETS, HAS BEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 24b-2 OF THE SECURITIES EXCHANGE ACT OF 1934, AS AMENDED. Supplier shall use reasonable efforts to accommodate any request from Dot Hill to accelerate delivery of Upside Support quantities of Products within the timeframes indicated above. With respect to any request for quantities in excess of Upside Support described above, the parties shall negotiate in good faith acceptable delivery dates.

Upside Support. Supplier shall provide Upside Support in the quantity of Products) that Sun may purchase, in excess of the quantities set out in Sun’s outstanding P.O.’s for the (month/quarter) in which such Upside Support is requested, beginning with the first foil calendar quarter after Sun makes its first customer shipment of the Sun product or system that incorporates the Product(s) (“FCS”). Sun may request all or any part of Upside quantity at anytime during the applicable month/quarter up to the maximum amount indicated. Supplier shall sell, manufacture and ship such Upside quantities to Sun on a: “first-in, first-out” basis within (timeframe: X hours: working days) after Sun’s written request. Timeframe Upside Max. Percentage Increase FCS +1 qtr __% FCS +2 qtrs. __% FCS +3 qtrs. and beyond __% Supplier shall use reasonable efforts to accommodate any request from Sun to accelerate delivery of Upside quantities of Products within the timeframes indicated above. With respect to any request for quantities in excess of Upside Support described above, the parties shall negotiate in good faith acceptable delivery dates.

Upside Support. Supplier shall provide Upside Support in the quantity of Products) that Sun may purchase, in excess of the quantities set out in Sun’s outstanding P.O.’s for the (month/quarter) in which such Upside Support is requested, beginning with the first foil calendar quarter after Sun makes its first customer shipment of the Sun product or system that incorporates the Product(s) (“FCS”). Sun may request all or any part of Upside quantity at anytime during the applicable month/quarter up to the maximum amount indicated. Supplier shall sell, manufacture and ship such Upside quantities to Sun on a: “first-in, first-out” basis within (timeframe: X hours: working days) after Sun’s written request.