Capacity Commitment. The parties agree to work in good faith to review the forecast with respect to MPUs provided by AMD pursuant to Section 5.1, including a review of all incremental capital costs and expenditures expected to be incurred by FoundryCo resulting from any increase in the MPU Product volumes pursuant to the MPU Product forecasts. Upon completion of such review, and to the extent agreed to by the parties regarding the implementation of any additional capacity at FoundryCo Manufacturing Entities, FoundryCo shall allocate such additional capacity sufficient to produce the MPU Product volumes indicated in the relevant Binding Forecasts. The parties agree to act in good faith and in reasonable manner in connection [****] = 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. Confidential treatment has been granted with respect to the omitted portions. with such review and any agreement to allocate such capacity. The parties agree to establish capacity requirements in writing in advance for the manufacture and supply of GPU Products. Notwithstanding the foregoing, FoundryCo will use commercially reasonable efforts to fill any unutilized capacity at FoundryCo Manufacturing Entity facilities that has been allocated to AMD as set forth in this Agreement with production on behalf of third parties, and FoundryCo will offset AMD’s obligations to reimburse FoundryCo’s fixed costs for such unutilized capacity by the percentage of such unutilized capacity FoundryCo uses to manufacture products for third parties; provided that FoundryCo shall not be required to fill such unutilized capacity that has been allocated to AMD if there exists unutilized capacity at FoundryCo Manufacturing Entity facilities that has not been allocated to AMD.
Capacity Commitment. (a) Within ten (10) days after receipt of Company’s Four Quarter Forecast, Foundry shall provide Company with a written plan detailing Foundry’s manufacturing capacity commitments for the forecast period (the “Company Support Plan”). In any calendar quarter, Foundry will provide up to one-hundred-twenty percent (120%) of the Firmly Forecast Orders for such quarter and shall use commercially reasonable efforts to provide additional capacity as requested and as available. If Company believes that it requires more capacity than provided in the Company Support Plan, Company may address its concerns through the Dispute Resolution process of Section 17 (entitled — Dispute Resolution).
Capacity Commitment. Xcel Energy agrees to provide and keep available throughout the term of this Agreement for Customer’s use at the above location kilovolt-amperes of capacity. Xcel Energy also agrees to provide additional capacity to an aggregate of kilovolt-amperes upon reasonable notice from Customer specifying the additional amount of capacity and the date same will be required. Reasonable notice shall be construed as meaning ample time in which Xcel Energy can provide such additional capacity in its system as may be necessary.
Capacity Commitment. RBC will provide capacity information regarding the Product to the JSC so that the JSC can discuss it on a quarterly basis. This capacity information is shared with 3M for 3M’s planning purposes only.
Capacity Commitment. Subject to the terms and conditions set forth in this Agreement, each [*] shall reserve capacity at the Facilities sufficient to fabricate an amount of Die equivalent to the lesser of (a) the Maximum Committed Capacity Amount of Die applicable to such [*], (b) the Long-Term Committed Capacity Amount of Die for such [*] and (c) the Short-Term Committed Capacity Amount of Die for such [*] determined in accordance with the provisions of Article 9.2.
Capacity Commitment. (i) Company will allocate capacity for Distributor up to Distributor’s average weekly purchase volume for the last three (3) months or based upon Distributor’s monthly forecast volume, whichever is less. Increases over capacity allocation will be jointly agreed upon with Company’s ability to supply as the key determining factor. Company Manager will work with Distributor purchasing department to develop an “ability to substitute” program, provided that such substitutions utilize available raw materials and manufactured components.
Capacity Commitment. (a) Within ten (10) days after receipt of Spansion’s four quarter forecast, SMIC shall provide Spansion with a written plan detailing SMIC’s manufacturing capacity commitments for the forecast period (the “Capacity Plan”), provided that in any calendar quarter, SMIC shall provide [*******] of the Firmly Forecast Orders for such quarter and shall use commercially reasonable efforts to provide additional capacity beyond [*******], as requested and as available. Spansion will order an amount equivalent to [*******] of the forecast for such quarter or the Capacity Plan, whichever is less. If Spansion believes Spansion requires more capacity than provided in the Capacity Plan, the Parties shall cooperate in good faith to resolve Spansion’s capacity requirements. [*******] Confidential treatment requested.
Capacity Commitment. Without limiting the Seller’s obligation in section 7.2, and subject to sections 7.4(a)(i), 7.4(a)(ii) and 7.4(a)(iii), the Seller will deliver and sell to the Buyer at the POI, in every On-Peak Hour in every Capacity Commitment Period, Energy in at least the amount of the Designated Capacity Commitment (the “Capacity Commitment”). [Note: This section will only be included for Sellers with a Capacity Commitment.]
Capacity Commitment. Olmsted County will provide landfill disposal capacity for Bypass Waste, Separated Processible Waste, and approved Nonprocessible Waste generated in Dodge County. This disposal commitment is limited to the term of this agreement.
Capacity Commitment. As required by its PA PUC 1307(f) gas recovery filing, Shipper will annually evaluate its projected capacity needs for end-use customers of Shipper. This Precedent Agreement and the Service Agreement include Shipper’s expected capacity needs to serve any natural gas suppliers’ or transportation customers’ expected capacity needs who have elected to utilize the capacity provided under the Service Agreement. However, to the extent that Shipper’s level of capacity under the Service Agreement exceeds Shipper’s projected capacity requirements required to serve its customer’s usage requirements, as they may exist from time to time, as determined by the PA PUC in its annual 1307(f) proceeding, Shipper has the right, in accordance with the Transporter FERC Gas Tariff and the rules and regulations and policies of FERC, to release capacity in excess of its requirements, whether through temporary or permanent capacity release, to replacement shippers.
