Adverse Supply Events Sample Clauses
The Adverse Supply Events clause defines the procedures and responsibilities that apply when unexpected disruptions or shortages affect the supply of goods or services under a contract. Typically, this clause outlines what constitutes an adverse supply event, such as delays due to natural disasters, supplier insolvency, or logistical failures, and specifies the steps parties must take to notify each other and mitigate the impact. Its core function is to allocate risk and provide a clear framework for managing supply interruptions, thereby minimizing disputes and ensuring continuity or timely resolution when supply issues arise.
Adverse Supply Events. Pacira shall notify Company of any problem that to its knowledge has a material adverse effect upon the Manufacturing Services or Delivery and shall use commercially reasonable efforts to promptly remedy any such problem.
Adverse Supply Events. An “Adverse Supply Event” is one or more of the following: (i) Catalent experiences a Force Majeure Event, (ii) Catalent is unable to comply with a change in the Specifications that is required by a Regulatory Agency, or (iii) a Regulatory Authority orders a halt to any further performance of Processing for a Product. If there is an Adverse Supply Event that Catalent does not remediate so that it can perform the Services in accordance with this Agreement within [***] days after the occurrence of the Adverse Supply Event, Client may, (a) cancel any and all outstanding Purchase Orders to the extent fulfilment thereof by Catalent is impacted by the Adverse Supply Event, including its payment obligations for such canceled Purchase Orders, however Client shall remain responsible for any costs and expenses incurred, and all noncancellable commitments made in connection with such cancelled Purchase Orders, so long as such costs, expenses or commitments were made by Catalent in compliance with this Agreement, the applicable Purchase Order(s) and the vendor’s or Vendor’s minimum purchase obligations and/or (b) notwithstanding Section 4.1, adjust its [***] for the period beginning [***] from such Adverse Supply Event as reasonably required by Client to account for the Adverse Supply Event and its impact on forecasted market demands.
Adverse Supply Events. On a Product-by-Product basis, if there is an Adverse Supply Event that Manufacturer does not or cannot remediate so that Processing and delivery of such Product continues or can resume within [****] calendar days after the occurrence of the Adverse Supply Event, Customer may cancel some or all of the affected outstanding Purchase Orders and forecasts and obtain all of its requirements for such Product affected by the Adverse Supply Event from any one or more third persons or produce such Product itself [****] after Manufacturer resumes supply of such Product in accordance with this Agreement unless the cause of such Adverse Supply Event is attributable to the actions or omissions of Customer. Each of the following circumstances is an “Adverse Supply Event”: (a) [****]; (b) [****]; (c) [****]; (d) [****]; and (e) [****]. Even if Customer exercises any of its rights under this Section 4.7, Manufacturer shall use commercially reasonable efforts to resume Processing of the Products after any Adverse Supply Event. [****] months after Manufacturer SC1:4529841.10 [****] = 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 requested with respect to the omitted portions. resumes supply of such Product in accordance with this Agreement, Manufacturer shall fulfill Purchase Orders and Customer shall no longer procure quantities of such Product from any third person or produce such Product itself.
Adverse Supply Events. If there is an Adverse Supply Event that Hovione does not remediate so that it can perform the Manufacturing Services in accordance with the Processing Instructions and manufacture Product in accordance with this Agreement within [***], Ardelyx may [***]. To the extent such Adverse Supply Event was due to Hovione’s Fault, Ardelyx may in its discretion do any of the following (i) [***] or (ii) [***]. In the event an Adverse Supply Event is due to Hovione being unable to comply with a change in the Processing Instructions or Specifications that is required by the FDA or other United States Regulatory Agency, (a) the Parties shall discuss in good faith [***], and (b) [***]. The existence of an Adverse Supply Event will not exonerate or otherwise relieve either Party of any liability for breach of any independent obligation contained in this Agreement.
Adverse Supply Events. If there is an Adverse Supply Event that Patheon does not remediate so that it can perform the Manufacturing Services in accordance with the Processing Instructions and manufacture Product in accordance with this Agreement within [***] days after the occurrence of the Adverse Supply Event, Client may in its sole discretion do one or more of the following: (i) [***], (ii) [***], or (iii) [***]. An “Adverse Supply Event” will mean one or more of the following: (i) [***], (ii) [***], (iii) [***], or (iv) [***]. The existence of an Adverse Supply Event will not exonerate or otherwise relieve Patheon of any liability for breach of any independent obligation contained in this Agreement or the Quality Agreement.