Alternative Sources. Force Majeure relief in respect of Seller for an event described in Section 14.1.1(e) affecting an alternate LNG source or facility thereat agreed between the Parties pursuant to Section 3.1.2 shall (a) only be available with respect to the cargo that is scheduled to be loaded at the Loading Port of such facility in the ADP or applicable Ninety Day Schedule for such Contract Year or, to the extent that the ADP for the following Contract Year has been issued, in the ADP for such following Contract Year and (b) not be available for an event affecting such alternate LNG source or facility thereat if such alternate LNG source or facility thereat was affected by such Force Majeure at the time it was nominated by Seller pursuant to Section 3.1.2 for the applicable cargo.
Alternative Sources. Distributor shall not purchase or otherwise obtain Products for resale from any source other than Avaya. If a product is not available through Avaya on a timely basis, Distributor may purchase the Product from another Authorized Distributor that purchased it from Avaya, using the Avaya alternate source policy set forth in the Business Partner Policy and Process Handbook (Distributors) and with Avaya’s prior approval, provided that such purchases are only to meet a specific customer need. Distributor’s purchase or resale of an unused Product shall be grounds for termination of this Agreement.
Alternative Sources. Within seventy two (72) working hours of the occurrence of a Force Majeure Event, Customer and Service Provider will conduct a root cause analysis to determine the extent to which, and the duration that, the Force Majeure Event is likely to prevent Service Provider from performing its obligations in accordance with this Agreement and whether Service Provider is likely to promptly procure a suitable temporary alternate source for the affected Services.
25.3.1 If any Force Majeure Event prevents, hinders or delays performance of any of the Services, and Service Provider is unable to promptly (but in no event later than 48 hours) provide a suitable temporary workaround acceptable to Customer, Service Provider shall procure such Services from a reasonably acceptable alternate source in lieu of Service Provider's provision of such Services for the duration of the agreement executed between Service Provider and such alternate source in respect of the provision of such services provided that (i) subject to Section 25.3.2 below, Service Provider shall not be required to obtain such affected Services from such alternate source at its expense for more than one hundred and eighty (180) consecutive days and (ii) Customer shall be entitled to terminate this Agreement, in whole or in part, immediately upon the cessation of the provision of such affected Services from the alternate source if Service Provider has not fully resumed performance of all Services.
25.3.2 Subject in all cases to Section 15.4.6, in the event that Service Provider reasonably believes it will be unable to recover its performance of the Services within six (6) months of the Force Majeure Event, Customer will either (i) exercise its right to terminate under Section 15.4.6 or (ii) discontinue payment to Service Provider for the affected Services and Service Provider will reimburse Customer for the difference between the Base Charges that would have been payable to Service Provider for the disrupted Services and Customer’s cost of cover for any Services that must be procured from such alternate source until the earlier of (a) Service Provider’s demonstrating to Customer’s reasonable satisfaction Service Provider’s ability to immediately recommence the Services in accordance with this Agreement and (b) Customer’s ability to complete a competitive down-selection process with third parties to select a provider to succeed Service Provider, but in no event more than six (6) months. Customer will exercise c...
Alternative Sources a. In the event Supplier cannot supply Customer with Products in accordance with the provisions of this Agreement, Customer may purchase Products from other sources until such time as Supplier can resume supply of Products in accordance with the terms hereof. Prior to any such purchase, Customer shall give the Supplier not less than 10 days’ prior written notice of its intention to make such a purchase; and if Supplier is able to fill Customer’s requirement for Products within such period, Customer shall purchase such Products from Supplier rather than an alternate source of supply.
b. If at any time Customer believes that Supplier’s prices for Cabinets are not competitive, Customer may solicit quotations from one or more potential suppliers who would be prepared to fill orders for Cabinets which Customer is then prepared to place, setting forth specifications, price, quantity to be purchased, time and manner of delivery and all other relevant factors affecting the price of such Cabinets. Customer shall furnish copies of such quotations to Supplier. Supplier shall advise Customer within ten days after receipt of such copies as to whether Supplier is prepared to meet the quotation which is most favorable to Customer. If Supplier is willing to meet such quotation, Customer shall purchase the quantity of the Cabinets which are subject to such quotation from Supplier, on the economic terms set forth in such quotation. If Supplier is unwilling to meet such quotation, Customer shall have the right to purchase the quantity of Cabinets covered by such quotations from the vendors who provided such quotations. Supplier’s failure to advise Customer within said ten day period as to whether it is willing to meet a quotation from another supplier shall be deemed to constitute an unwillingness to meet such quotation.
Alternative Sources. If Buyer does not reach agreement with Supplier on those matters required by this Section 4 to be mutually agreed upon in connection with a Product Development Project after good faith attempts by Buyer to reach such agreements, Buyer shall be permitted to implement such Product Development Project with third parties.
4.3 Non-Capital Expenditures for Product Development Projects. Supplier shall be responsible for scaling up, and implementing any manufacturing and supply changes required in connection with any Product Development Project. The actual direct, incremental expenses incurred as a result of any Product Development Project, consisting of material, packaging, direct hourly labor shall be allocated as follows:
(a) If the total amount of such expenses for a single project do not exceed Fifteen Thousand Dollars ($15,000), Supplier shall pay the total amount of such expenses; provided , however, that Supplier shall not be obligated to incur more than Fifty Thousand Dollars ($50,000) of such expenses, in the aggregate, during any one (1) year of the Term.
(b) If the total amount of such expenses exceed Fifteen Thousand Dollars ($15,000) per project or if the annual Fifty Thousand Dollar ($50,000) limit in Section 4.3(a) has been exceeded, Buyer shall pay the total amount of such excess.
Alternative Sources. Prior to using an Alternative Source, Seller shall obtain and provide to Buyer evidence that demonstrates to the reasonable satisfaction of Buyer that such Alternative Source produces Coal having the average quality characteristics described in Section 5.1, or otherwise as approved by Buyer, which approval shall not be unreasonably withheld.
Alternative Sources. NOVARTIS may at any time identify to SUPPLIER suppliers from which SUPPLIER may obtain any of the Components at a lower cost and/or higher quality, in accordance with this Agreement. In such event, SUPPLIER and NOVARTIS shall collaborate in order to obtain the necessary regulatory approvals and SUPPLIER shall utilize the suppliers identified by NOVARTIS following receipt of such approvals [***]. Once such suppliers are fully qualified and/or Validated, SUPPLIER shall be solely and fully liable for the performance of such alternative suppliers, including for the quality of the Components delivered by any of such suppliers and compliance with this Agreement, the Quality Agreement and the HSE Requirements.
Alternative Sources. NOVARTIS China may at any time identify to CBMG China alternative suppliers from which CBMG China may obtain any of the Materials (excluding the Toll Materials) at a lower cost and/or higher quality, in accordance with this Agreement. CBMG China may also, from time to time, request that NOVARTIS China approve an alternative supplier of Materials (excluding the Toll Materials) which has been identified by CBMG China. In either event, CBMG China and NOVARTIS China shall collaborate in order to obtain the necessary regulatory approvals and CBMG China shall utilize the alternative suppliers identified by NOVARTIS China following receipt of such approvals. CBMG China shall remain solely and fully liable for the performance of such alternative suppliers, including for the quality of the Materials delivered by any of such alternative suppliers and compliance with this Agreement, the Quality Agreement and the HSE Requirements.
Alternative Sources. Notwithstanding anything contained herein to the contrary, if a force majeure event is expected to affect Central's performance hereunder for a period of time between 14 and 120 days, then Solaris shall have the right, during such time and for a reasonable amount of time thereafter, to use alternate sources to perform Central's obligations hereunder. In connection therewith Solaris shall have the right (i) to make this Agreement nonexclusive (by service, Direct Account, territory or otherwise) with respect to the services to be provided by Central for Direct Accounts and (ii) to make this Agreement nonexclusive (by Solaris Product, Distributor Account, territory or otherwise) with respect to the rights of Central as a distributor of Solaris Products.
Alternative Sources. In the acquisition of materials, ------------------- equipment or services, the Partnership may find it to be in the best interest of the Partnership to deal with the Partners or their respective Affiliates, but the Partnership shall not be required to do so and shall always be free to deal with alternative sources of supply.
