Delays in Production Sample Clauses

Delays in Production. If Xxxxxx is unable to, or believes it is likely that it will be unable to, fulfill any particular Production commitment on the applicable date set forth in the related PWA, including without limitation as a result of a force majeure event, then Xxxxxx shall immediately notify Client in writing as to the reason for the delay, and provide an indication of the likely duration of the delay, and use commercially reasonable efforts to continue Production, recover lost time and support all timelines and deadlines as established in such PWA. As appropriate, [***]. XXXXXX & XXXXX CONFIDENTIAL 5 [***] = CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, MARKED BY BRACKETS, IS FILED WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 406 UNDER THE SECURITIES ACT OF 1933, AS AMENDED.

Delays in Production. AXXXXX shall promptly notify CLIENT in writing if it believes that there are likely to be substantial changes in the work schedule contained in the Proposal. Such notice shall include the reasons for such changes in the schedule and the proposed new schedule for the incomplete portion of the Proposal. The party responsible for delays in Production shall be determined as follows:

Delays in Production. Each Party will promptly notify the other Party in writing if it believes that there are likely to be changes in the work schedule contained in the Purchase Order. Such notice will include the reasons for such changes in the schedule and the proposed new schedule for the incomplete portion of the work. VGX is responsible for any delays in the production or delivery of Contract Materials except for delays caused by the lack of delivery by CUSTOMER of material Information or CUSTOMER Materials in a timely manner, as agreed to in advance. In the event of any delays in the production or delivery of Contract Materials for which VGX is responsible pursuant to this Section 4.4, the payment schedule set forth in the Purchase Order shall be amended accordingly. In addition, the aggregate amount payable to VGX pursuant to the Purchase Order shall be reduced by 5% per each month of delay. In the event that a delay is for a period of less than an entire month, the penalty amount for such partial period shall be adjusted proportionately (e.g. in the event of a delay of 75 days, the aggregate amount payable pursuant to the Purchase Order will be reduced by 25%). In the event that CUSTOMER requests VGX to delay the production or delivery of Contract Materials, than the aggregate amount payable to VGX pursuant to the Purchase Order shall be increased by 5% per each month of delay. In the event that a delay is for a period of less than an entire month, the penalty amount for such partial period shall be adjusted proportionately. A delay of less then 30 days, at the first month of delay, will not be considered as a delay.

Delays in Production. In the event that Hospira experiences, or anticipates that it will experience, a delay in Manufacturing and supplying Products to Genzyme for more than [**] days, the Parties will promptly meet to discuss and formulate options to resolve the delay and to minimize the impact of the delay on Genzyme and its customers. Such options will include, without limitation (i) plans to temporarily shift Manufacturing of one or more of the Products from Hospira’s Facilities to one of Genzyme’s manufacturing facilities, (ii) plans to shift Manufacture of one or more Products from dedicated filling lines or other production equipment at the XxXxxxxxx, Kansas Facility to other qualified lines and equipment at such Facility, or (iii) plans to shift Manufacture of one or more of the Products to the Liscate, Italy Facility. Upon notification of such actual or anticipated delay, all Purchase Orders accepted [**] = Portions of this exhibit have been omitted pursuant to a confidential treatment request. An unredacted version of this exhibit has been filed separately with the Commission. by Hospira and all outstanding Purchase Orders affected by such Inability to Supply shall be tolled, pending resolution of the delay.

Delays in Production. If CELLSCRIPT is unable to, or believes it is likely that it will be unable to, fulfill any particular Production commitment on the applicable date set forth in the timeline for the PWA, including without limitation as a result of a force majeure event, then, without limiting any other remedies available to Argos, CELLSCRIPT will immediately notify Argos in writing as to the reason for the delay, and provide an indication of the likely duration of the delay, and use commercially reasonable efforts to continue Production, recover lost time and support all timelines and deadlines as established in the PWA or as subsequently agreed by the Parties.