Capacity Constraints. Clearwire reserves the right to restrict the use of the capabilities and services made available to Licensee as a Preferred Content Provider under this Section 7(j) if such use is no longer commercially and technically feasible due to limitations in network capabilities. Clearwire shall comply with the provisions of this Agreement to ensure timely access to information about capacity usage and permit Licensee a reasonable opportunity to secure alternative access.
Capacity Constraints. 24.1 If GSK or the Nominated Manufacturer is unable to Manufacture the quantities of Products forecasted or ordered by the Purchaser due to:
Capacity Constraints. Certain Products for which Shared Tooling will be used (“Shared Products”) are available from suppliers in limited quantities and may be subject to capacity constraints. If, at any time, Gateway’s and MPC’s combined demand for a Shared Product exceeds the amount available from the supplier, then the supply of that Shared Product will be allocated eighty percent (80%) to Gateway and twenty percent (20%) to MPC (“Allocated Percentages”). However, if a Party’s demand for the Shared Product is less than its Allocated Percentage, then the difference between its demand and its Allocated Percentage shall go to the other Party.
Capacity Constraints. MYT acknowledges and agrees that in the event its capacity to manufacture Products becomes constrained, with the result that MYT cannot fill all of DT's Product orders: 1) up to forty percent (40%) of its available manufacturing capacity must be used to manufacture Products ordered by or on behalf of DT [*****], and 2) DT may otherwise allocate the remaining MYT manufacturing capacity among DT's other customers, including MYT, in any manner determined solely in the discretion of DT.
Capacity Constraints. If orders for the Product exceed Seller's capacity, Seller shall allocate available capacity on a basis Seller, in its reasonable discretion, deems equitable; provided, that, Buyer shall be treated on the same basis as Seller’s most favored, similarly situated customer (whether commercial or governmental), based on pending dollar volume of orders. In addition, the Parties shall discuss in good faith a mutually acceptable course of action to rectify such capacity constraint as soon as possible. *** Confidential treatment requested.
Capacity Constraints. On a quarterly basis, or as requested by Dell, BROCADE agrees to provide ramping and capacity plans ("Capacity Plan") to Dell (in a format acceptable to Dell) to ensure continuity of supply. This Capacity Plan shall include percent available capacity and utilization. In the event that BROCADE's total manufacturing production exceeds [*] of available capacity, BROCADE agrees to put in place the additional manufacturing capacity required to achieve and maintain a [*] manufacturing upside capability to the current Dell forecast [*].
Capacity Constraints. The availability of complementary paratransit service to ADA paratransit eligible individuals shall not be limited by any practice or operational pattern that significantly limits the availability of service to ADA eligible persons. Such practices or patterns include, but are not limited to, the following:
Capacity Constraints. (a) DNB may only refuse an Access Request on the ground that DNB has insufficient capacity or space under section 4.7(a)(4) where DNB notifies the Commission in writing that it does not have sufficient capacity to meet the Access Request because the requisite capacity is: already carrying traffic to full capacity or near full capacity, or above the capacity threshold determined by DNB as being necessary to provide an efficient network; or already reserved for future use by other Access Seekers, where such future use shall commence not later than 6 months from the date of the Access Request. If the reserved capacity is not subsequently used by the reserving party within 7 months from the date of the Access Request, DNB must promptly inform the Access Seeker and, if required by the Access Seeker, re-consider the Access Request in accordance with the process set out in this section 4; and in the case of both sections 4.9(a)(1) and 4.9(a)(2), DNB is unable to expand capacity to meet the requirements in the Access Seeker's Access Request.
Capacity Constraints. If Natural experiences a capacity constraint on a portion of its system or at specific points, it shall (to the extent practicable), apply the scheduling and curtailment provisions hereof, for both firm and interruptible services, only to those Shippers with service affected by that portion of the system or at those points. Natural shall endeavor to restrict scheduling limitations and/or curtailment to as limited a geographical area, number of Shippers and services as reasonably feasible, given the operational capabilities of its system.
Capacity Constraints. Each Party shall be responsible for the scheduling and management of its respective pipeline capacity and pipeline system constraints at the Point. In the event that a capacity constraint occurs on either Party's pipeline system which results in the limitation of quantities through the Point, the Party on whose system the constraint has occurred shall determine the change in Scheduled Quantities for its shippers. Such change in Scheduled Quantities shall be confirmed in writing pursuant to the provisions of Paragraph 1.1 above. If the constraint occurs at the Point, the Party that operates the measurement facilities at the Point shall be deemed to have the constraint on its system.
