Failure to Supply Product. In the event that Contractor cannot supply the Product as required by this Purchase Order, including meeting the delivery date or any other requirement specified in this Purchase Order, Contractor shall forthwith notify CP's contact person identified in this Purchase Order by e-mail or facsimile. Such notice shall make reference to this Purchase Order and CP's part numbers, if any, and shall state what obligations of Contractor cannot be fulfilled. Upon receipt of such notice, CP may, at its option, terminate this Purchase Order without any further obligation, save for payments for conforming Product delivered prior to such termination. In addition, upon such termination, Contractor shall immediately repay to CP all sums of money, including deposits, paid by CP net of the purchase price of conforming Product delivered prior to cancellation.
Failure to Supply Product. In the event that Arch fails to deliver at least [*] of the amount of any particular Product that Arch was obligated to deliver under Section 3.6 ordered pursuant to any particular Product Purchase Order in accordance with the terms of such Product Purchase Order, then, notwithstanding anything to the contrary, Codexis shall have the right to take any and all steps necessary to cover, at the sole cost and expense of Arch, any such shortfall in the supply of such Product and, at Codexis’ sole discretion, to modify any then-outstanding Product Purchase Orders without penalty. Notwithstanding and without limiting the foregoing, Arch acknowledges and agrees that: (a) any failure by Arch to deliver at least [*] of the amount of any particular Product ordered (i) pursuant to three (3) or more Product Purchase Orders in any period of twelve (12) consecutive months or (ii) pursuant to the aggregate of all Product Purchase Orders in any period of twelve (12) consecutive months, in accordance with the terms of such Product Purchase Orders, shall constitute a material breach of this Agreement by Arch with respect to such Product; (b) Codexis shall have the right, but not the obligation, in its sole discretion, to convert its exclusive purchase obligation (and Arch’s exclusive manufacturing right) set forth in Section 2.1 or 4.1, as applicable, with respect to such Product to a non-exclusive arrangement (but, for clarity, in such event, Arch’s supply obligation to Codexis pursuant to Sections 2.1 and/or 4.1, as applicable, shall remain exclusive); and (c) Codexis’ rights pursuant to this Section 3.5 shall not limit any other rights of Codexis under this Agreement with respect to a failure to supply by Arch which constitutes a material breach pursuant to paragraph (a) above, including without limitation, Codexis’ right to terminate this Agreement with respect to such Product pursuant to Section 15.2. The remedies set forth in this Section 3.5 shall be the exclusive remedies of Codexis with respect to Arch’s failure to supply Products.
Failure to Supply Product. (a) In the event Digene is unable to supply Abboxx xxx its Affiliates with Product (on a Product by Product basis): (i) in accordance with Abboxx'x xxx its Affiliates' firm purchase orders issued in accordance with Sections 5.2 and 5.3; (ii) as a result of an uncured material breach by Digene of any covenant, representation or warranty contained in this Agreement; or (iii) as a result of an event of force majeure, Abboxx, xxbject to the terms and conditions of Sections 5.4(b), 5.4(c) and 5.4(d), shall have the right to manufacture or have manufactured for it any Product which supply is adversely impacted as described above.
Failure to Supply Product. In the event that Arch fails to deliver at least [*] of the amount of Product set forth in a particular Purchase Order in accordance with the terms of such Purchase Order, Codexis shall have the right to take any and all steps necessary to cover, at the sole cost and expense of Arch, any such shortfall in the supply of Product and to modify any then-outstanding Purchase Orders without penalty. Notwithstanding the foregoing, Arch acknowledges and agrees that (a) any failure by Arch to deliver at least [*] of the amount of Product set forth in a particular Purchase Order in accordance with the terms of such Purchase Order shall constitute a material breach of this Agreement by Arch, and (b) Codexis’ rights pursuant to this Section 3.12 shall not limit any other rights of Codexis hereunder, including without limitation Codexis’ right to terminate this Agreement pursuant to Section 10.4.1. [*] Certain information in this document has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions.
Failure to Supply Product. Xxxxxxxxxx shall use its [***] to fulfill all binding Purchase Orders. In the event that Xxxxxxxxxx fails to deliver at least [***] of the Target Amount of Product ordered in a particular Purchase Order in accordance with the terms of such Purchase Order, and such failure is caused by Xxxxxxxxxx´s [***], Customer shall have the right to take any and all steps necessary to cover any such shortfall in the supply of Product and to modify any then outstanding Purchase Orders without penalty. Notwithstanding the foregoing, Customer agrees that except in the case of [***] by Xxxxxxxxxx, any shortfall in the delivered quantity of Product shall be [***], provided that Xxxxxxxxxx shall use its best efforts to [***], including without limitation by [***]. Xxxxxxxxxx shall notify Customer in writing of the expected timing of [***], which shall be delivered [***] within [***] following the date of failed supply.
Failure to Supply Product. MGI understands and acknowledges that only one (1) contractor (a party not an Affiliate of Connetics) is currently approved by the FDA to manufacture the Product. If Connetics is at any time unable to supply the Product to be sold by Connetics under this Agreement, which failure may be due to the failure of a contract manufacturer 10 to meet its obligations to supply Product to Connetics, such failure will be treated as a force majeure condition under SECTION 11.6 and MGI's obligations hereunder to promote and detail the Product shall be suspended for the period of such inability to supply. In the event that Connetics is unable to cure such inability to supply within a period of six (6) months, MGI may immediately terminate this Agreement for Good Cause, and Connetics shall reimburse MGI for all Marketing Expenses incurred by MGI through the date of termination of this Agreement.
Failure to Supply Product. MGI understands and acknowledges that only one (1) contractor (a party not an Affiliate of Connetics) is currently approved by the FDA to manufacture the Product. If Connetics is at any time unable to supply the Product to be sold under this Agreement, which failure may be due to the failure of a contract manufacturer to meet its obligations to supply Product to Connetics ("Inability to Supply"), such failure will be treated as a force majeure condition under Section 11.6; provided, however, (i) MGI's obligations hereunder to promote and detail the Product shall be suspended for the period of such Inability to Supply, and (ii) Connetics shall to pay to MGI $250,000 for any Quarter in which Connetics experiences an Inability to Supply up to a maximum of two consecutive Quarters, notwithstanding any contrary terms in Section 5.1(a).
Failure to Supply Product. In the event Simply is unable to deliver the product within 90 days, this deposit will be returned in full to the client.
Failure to Supply Product. Supplier breaches any of its supply obligations under Sections 2, 4, or 20 of this Agreement, and such failure is not remedied within thirty (30) days after delivery of written notice thereof by Buyer to Supplier.
Failure to Supply Product
