Supply Commitment Clause Samples

Supply Commitment. AstraZeneca agrees to purchase, and FibroGen WFOE agrees to supply, all of AstraZeneca’s and its Sublicensees’ requirements of Product for Development and Commercialization in the Territory under the terms of this Article 6 and in accordance with this Agreement. All Product supplied to AstraZeneca by or on behalf of FibroGen WFOE under this Agreement will be supplied as finished product.

Supply Commitment. Aviza will have the right to order Trikon Transport Modules along with Controllers incorporating the Developed Software (“Commercial Units”) from Trikon, and Trikon shall, provided Aviza’s quantity requirements are reasonable, supply such Commercial Units to Aviza in accordance with lead times reasonably required by Trikon but not to exceed: (a) twelve (12) weeks if Aviza’s order is for one (1) unit, and if at the time of receipt of the Aviza order for such unit, Trikon has no other orders from Aviza for a Commercial Unit currently in its manufacturing queue, and (b) sixteen (16) weeks for all other orders. Subject to the foregoing, Trikon shall endeavor to supply the Commercial Units to Aviza sooner than the not to exceed lead times set forth above in order to meet Aviza’s requested shipment date. Aviza’s purchase of such Commercial Units will be governed by both the applicable terms and conditions of this Agreement and the purchase terms and conditions attached hereto as Exhibit 4.1, which are incorporated herein by reference. In the event of a conflict between those standard terms and conditions and those contained in this Agreement, this Agreement will prevail. The terms of this Agreement and the terms and conditions attached hereto as Exhibit 4.1 shall prevail over any additional or inconsistent terms set forth in any purchase order, acknowledgement, or other document exchanged between the Parties in connection with the purchase and sale of the Commercial Units, and any such additional or inconsistent terms are hereby rejected. Trikon’s supply obligations under this Section 4.1 shall terminate once Trikon has supplied Aviza with eight (8) Commercial Units (the “Required Units”). Subject to the foregoing, Aviza shall place purchase orders for the Required Units within twenty-four (24) months after completion of the Development Plan for delivery no later than thirty (30) months after the Effective Date.

Supply Commitment. (a) Mascot agrees to supply the products set out in the Confirmation. (b) Mascot warrants that the product when collected or delivered, as applicable, complies in all material respects with any specifications for the product contained in the relevant Confirmation, or if the product is a standard product, with Mascot’s standard specifications for the product. (c) Due to the nature of the materials Mascot uses, to the maximum extent permitted by law, Mascot expressly excludes any warranty or representation as to the colour, texture or cosmetics of finished items except where such a matter is stated as a specific requirement in the Confirmation.

Supply Commitment. Subject to the terms and conditions of this Agreement, the Supplier shall manufacture and sell to ▇▇▇▇▇▇▇ and ▇▇▇▇▇▇▇ shall purchase from Supplier the products listed in Schedule 2.1 ("Product(s)"). Schedule 2.1 contains a list of the Products (“Product List”) and the price adjustment mechanism(s) for the Products (“Price Adjustment Mechanism(s)”), if any. The Product List may be amended from time to time by written agreement of the parties.

Supply Commitment a. Subject to the capacity ramp-up plan in Section 9 above, SMIC will commit to and deliver to Spansion a maximum of [*******] of Spansion MirrorBit® ORNAND2™ products at 43nm [*******] and follow-on Charge Trapping based flash memory technologies and any NOR products throughout the Term of this Product Supplement, where such [*******] may be reasonably adjusted in the event there is a loss of capacity due to product/technology conversion. In the event the Milestones provided for in Section 4 above are not met due to Spansion’s failure of timely provision of the Deliverable, or the capacity ramp-up plan is delayed or is anticipated to be delayed by the causes beyond SMIC’s control, including without limitation that the necessary licenses, permits and authorization can not be duly approved by the appropriate governmental authorities, the Parties will negotiate a reduction to the Supply Commitment. If the Parties fail to reach agreement on such a reduction within sixty (60) calendar days, SMIC may terminate its Supply Commitment. b. Throughout the Term, SMIC shall maintain, and make available to Spansion manufacturing capacity to provide Contract Wafers in amounts at least equal to the Minimum Loading Commitment or in accordance with the agreed to Firmly Forecast Orders (whichever is lower in total) (the “Supply Commitment”). c. Spansion recognizes that the Supply Commitment is based on SMIC being profitable at the prices set forth in Section 16. In the event SMIC is not profitable at such wafer prices, SMIC will notify Spansion, provide substantiating information to Spansion, and the Parties will meet to negotiate an alternative solution reasonably acceptable to the Parties. If such negotiations do not result in an agreed to solution within sixty (60) calendar days from SMIC’s notice, SMIC may notify Spansion in writing to terminate this Supply Commitment without liability, which termination is effective in ninety (90) calendar days from SMIC providing notice of termination of this Supply Commitment.

Supply Commitment. Subject to Article VIII, Force Majeure, Seller has, or shall have and shall maintain at all times throughout the term of this Agreement, sufficient Gas reserves and deliverability with respect to the delivery of Gas to the Delivery Point, so as to enable Seller to meet its obligations hereunder.

Supply Commitment. CyDex agrees that CyDex shall produce (or have produced for it) and sell to Sage and its Affiliates and Sublicensees and their Contract Manufacturers 100% of Sage’s and its Affiliates’ and Sublicensees’ and their Contract Manufacturers’ requirements for Captisol for use in the formulation of Licensed Product in and for the Field, during the Term and subject to the provisions of this Agreement; provided that, and notwithstanding anything to the contrary in this Agreement, in no event shall CyDex be obligated to supply to Sage or its Affiliates or Sublicensees or their Contract Manufacturers more than an aggregate quantity of […***…] kilograms of Captisol per year pursuant to this Agreement.

Supply Commitment. During the term of this Agreement, Open-Silicon agrees to supply to Customer one-hundred percent (100%) of Customer’s requirements for the Production Units, as specified in Purchase Orders that are not in excess of one hundred and fifty percent (150%) of the then-current Forecast. Notwithstanding the foregoing, Customer understands that yields for Production Units are subject to fluctuations; therefore, Customer will accept delivery of and accept as full performance: (a) plus five percent (5%) or (b) minus ten percent (10%) of the total quantity ordered, with price adjusted for the quantity actually delivered.

Supply Commitment. TDK will use commercially reasonable efforts to supply Products to Imation and its Subsidiaries as set forth in Section 4 during the term of this Agreement. For the avoidance of doubt, TDK’s supply commitment under this Section 2.1, Section 4 and otherwise under this Agreement will not require building or acquiring manufacturing capacity or holding inventory.