Common use of Equipment Availability Clause in Contracts

Equipment Availability. Copper Mountain will use reasonable efforts to fill all Purchase Orders within forty-five (45) days of the date such Purchase Orders are accepted by Copper Mountain, subject to Equipment availability from Copper Mountain and its manufacturing sub-contractors and Copper Mountain's production and supply schedules. Should Purchase Orders for Equipment exceed Customer's current Forecast, Copper Mountain will allocate its available inventory and make deliveries on a basis Copper Mountain deems equitable, in its sole discretion, and without liability to Customer on account of the method of allocation chosen or its implementation. However, Copper Mountain shall not be liable to Customer or any third party for any damages due to Copper Mountain's failure to fill any Purchase Order or for any delay in delivery or error in filling any Purchase Order for any reason whatsoever, except to the extent such damages result from the gross negligence or willful misconduct of Copper Mountain.