Short Supply. (a) In the event of part or all of Afrox’s supply of Factored Products from their Product Source being interrupted for any reason then for the duration of the period Afrox is affected by such cause Afrox may (where possible) obtain such Factored Products from another source, in which case Afrox reserves the right to implement a surcharge for the duration of the affected period to recover its additional costs, such additional costs to be notified to the Customer in advance. If the Customer objects to such price increase, then Afrox shall cease supplying the relevant Factored Products for the remainder of such period of interruption, but this shall not be deemed to be a failure or inability to supply for the purposes of the remainder of this Agreement. In the event that Afrox is unable to find an alternative source of the Factored Products then Afrox’s obligation to supply the relevant Factored Products shall be deemed to be suspended for the duration of the interruption. This Clause shall not prejudice any rights the Customer may have under Clause 18(c). For the avoidance of doubt this suspension shall not be deemed to be a failure by Afrox to supply but it shall be an inability to supply allowing the Customer to exercise its rights (where relevant) under Clause 2(b) above.
Short Supply. If you think that you will not be able to supply DFMC with the full Contracted Volume in any given Month, you must tell DFMC as soon as possible in writing.
Short Supply. Without limiting anything to the contrary in this Agreement, in the event that any Beacon Optofluidic Machines (including related Hardware and Software), Consumables or the Services are in short supply, i.e., [***], BLI shall notify Ginkgo in writing of such circumstances as soon as possible, including the underlying reasons for such shortage, the date such inability is expected to end and the amount of Beacon Optofluidic Machines (including related Hardware and Software), Consumables or Services to be allocated to Ginkgo. BLI shall allocate Beacon Optofluidic Machines (including related Hardware and Software), Consumables and Services in short supply to Ginkgo [***], with such [***] allocation applicable only up to the number of units of such item set forth in the binding portions of the then-current Rolling Forecast.
Short Supply. 1. For the purposes of this Section, “short-supply allowance” means temporarily considering a yarn or fabric from non-Parties as originating for the purpose of determining whether a good of Chapters 50 through 63 of the Harmonized System is originating.
Short Supply. 1. For purposes of determining the origin of a good of Chapters 50 through 63 of the Harmonized System, at the request of an interested entity of a Party, a Party shall, to the extent possible within 45 days of receiving the request, temporarily allow fibre, yarn or fabric from a non-Party to be considered originating, if the Party determines, based on information it considers necessary that the fibre, yarn, or fabric is not available in commercial quantities in a timely manner in the territory of any Party. Each Party shall implement such short-supply allowances in accordance with its applicable legal procedures.
Short Supply. If at any time Flinders Council determines that a batch of Product contains less Product than the volume required by the Delivery Schedule, Flinders Council will notify the Supplier of:
Short Supply. Where NZBS notify the DHB that any Products are in NZBS’ sole opinion:
Short Supply. If Novavax receives Regulatory Approval in the Territory, but reasonably believes that it will not be able to supply Customer with quantities of Vaccine within the variances permitted by Section 2.5, then Novavax shall [***] notify Customer in writing of such circumstances, including [***] (“Remedial Plan”). Where such inability to supply results from Novavax’s inability to manufacture or source sufficient quantities of Vaccine doses to supply all of its customers, Novavax shall deliver to Customer [***] for the period of short supply. Novavax shall consider in good faith any reasonable changes to the Remedial Plan proposed by Customer. 2.6.1. If the Remedial Plan does not resolve such inability or failure to supply to within [***] of the first missed or under delivery giving rise to the Remedial Plan, the Customer may, [***], cancel delivery of the Product that was scheduled for delivery [***].
Short Supply. Both parties recognize that from time to time Clarent or its suppliers may, due to manufacturing and supply difficulties, be unable to supply Systems in the quantities ordered by Customer. In such event Clarent shall be entitled to allocate to Customer such amounts of Systems as Xxxxxxx xxxxx reasonable in the circumstances.
Short Supply. Vendor recognizes that the supply of Hardware under this Agreement is essential for Facebook’s offerings of products and services to customers and that Facebook is relying on the timely performance in order to fulfill Facebook’s obligations to third parties. In the event of any supply shortages, manufacturing difficulties or process-related reliability problems, Vendor shall allocate no fewer units of Hardware (and within Vendor’s manufacturing process no fewer components) for supply to Facebook than a proportionate amount of Vendor’s total orders, including orders for its own account.
