Inability to Supply. XXXX will provide MBF with a prior written notice of any anticipated production downtime or disruption to Biodiesel production at the XXXX facility caused by operational (minimum of three (3) calendar days’ notice) or maintenance issues (minimum of ten (10) calendar days’ notice) and provide detailed descriptions (including specifications and feedstock) of any available amounts of Biodiesel that XXXX would propose to supply in replacement of any volumes of Biodiesel that cannot be provided by the XXXX facility due to a default of XXXX to perform hereunder. Such proposed replacement Biodiesel that (a) meets or exceeds the Biodiesel specifications contained in Section 5 hereof, (b) is produced using the same feedstock type or feedstock blend, (c) is produced using feedstocks meeting the same sustainability criteria as the Feedstock from with the Biodiesel being replaced would have been produced, (d) is of like kind and quality, (e) is available at the MBF’s intended port of embarkation for the Biodiesel being replaced (or such other port that the MBF agrees to in writing in its sole discretion and in advance, in which case the XXXX will reimburse MBF for the Incremental Transportation Costs associated with such substitute port) on or before the date on which the Biodiesel that is being replaced was to be at such port of embarkation, and (f) is offered by XXXX for sale to MBF, free and clear of any liens or claims of any *** Confidential material redacted and filed separately with the Commission. third party, for the price equal to the Toll Fee that MBF would have been obligated to pay hereunder for the Biodiesel being replaced (“XXXX Replacement Biodiesel Price”), shall be referred to as “XXXX Replacement Biodiesel.” If all above criteria are met, MBF will accept the XXXX Replacement Biodiesel, and upon delivery XXXX will reimburse MBF for the Incremental Transportation Costs and MBF shall pay to XXXX the XXXX Replacement Biodiesel Price. Any proposed replacement Biodiesel that is not XXXX Replacement Biodiesel shall be referred to as “Third Party Replacement Biodiesel.” In the event that XXXX’x notice offers Third Party Replacement Biodiesel, MBF shall have the sole discretion to accept or reject such Third Party Replacement Biodiesel. If MBF does not accept an offer of Third Party Replacement Biodiesel within three (3) business days of XXXX’x notice, such offer shall be deemed rejected. If MBF accepts such offer of Third Party Replacement Biodiesel, upon d...
Inability to Supply. (a) In the event of any Short-Term Inability to Supply or Long-Term Inability to Supply, ERS shall be entitled in proportion to the supply shortfall to delay the incurrence of the Development Costs and/or the Distribution Costs, Sales Costs and/or Marketing Costs for the relevant period, until such Short-Term Inability to Supply or Long-Term Inability to Supply ends. The Clinical Budget and/or the relevant Marketing Budget shall be adjusted accordingly. Any issues relating to the application of this provision shall be subject to review by the relevant Committee, and any resolution of such matters shall require a consensus decision by such Committee, not subject to the tie-break mechanisms of the relevant Sections of this Agreement.
Inability to Supply. In the event that PerImmune is unable to supply [***] of Progenics' purchase orders for two consecutive quarters, then PerImmune agrees to provide Progenics the right and license to use the relevant Know-how to manufacture or have manufactured KLH for use in producing Ganglioside Vaccine, and to fully cooperate with regulatory authorities to qualify Progenics and/or its designee as a manufacturer of KLH. In such event, at Progenics' request, PerImmune shall promptly disclose to Progenics all Know-how and information reasonably necessary to manufacture KLH and the parties shall mutually agree upon a reasonable schedule for gradually reducing the amount of KLH purchased by Progenics from PerImmune, until such time PerImmune is able to reasonably demonstrate the ability to supply Progenics with its requirements.
Inability to Supply. 15.1 Without prejudice to any other condition hereof should the manufacture, supply or despatch of the whole or any part of the Goods contracted for be interrupted, prevented or hindered by any cause or causes whatsoever beyond the Company's confidence the Company shall be entitled to postpone or suspend any delivery or deliveries under the contract until (in the Company's judgement) any such cause has ceased to operate. The Company shall be under no liability whatsoever in respect of such postponement or suspension.
Inability to Supply. If, at any time during the Term, the Supplier is unable or is likely to become unable, for whatever reason, to supply a particular Good, irrespective of the reason for that inability to supply, the Supplier must:
Inability to Supply. If the Licensor or Aussie Pooch is unable:
Inability to Supply. Progenics recognizes the importance of its obligation to meet DuPont's material requirements in a timely and reliable manner. To enable such continuity of supply, Progenics will use its best efforts to arrange for sCD4 to be manufactured on Progenics' behalf if some unusual event causes Progenics' inability to supply. If at any time, Progenics for a continuous period of ten (10) days due to a force majeure event, or non-force majeure event, shall be unable or unwilling to deliver any Product subject to this Agreement and attachments hereto, then Progenics shall notify DuPont of the situation and use its best efforts to arrange for sCD4 to be manufactured to DuPont's material requirements hereunder. In the event that the failure to deliver sCD4 shall be as a result of the fault of Progenics, then Progenics shall bear all costs necessary to cause the sCD4 to be manufactured by another party ("Alternate Manufacturing Cost"). MEDICAL PRODUCTS DEPARTMENT 000 Xxxxxx Xxxxxx, Xxxxxx, Xxxxxxxxxxxxx 00000 Telephone 000-000-0000 Fax (000) 000-0000 INABILITY TO SUPPLY (Cont'd): In the event that the failure to deliver sCD4 shall be as a result of the fault of DuPont, then DuPont shall bear all Alternate Manufacturing Costs. In all other events, Progenics shall arrange for the alternate manufacturer and each party shall bear its own costs. If Progenics corrects the cause for alternate manufacture, then Progenics may resume production of affected Product at any time.
Inability to Supply. 10 3.7 Warranty..................................................... 11 3.8 Price........................................................ 11 3.9
Inability to Supply. Within thirty (30) days following its receipt of each forecast according to Paragraph 2.2 hereof, Lannett shall advise ________ in writing if it will be unable to supply the entire quantity forecasted. ________ shall have the right to purchase from third parties, such quantities of any of the Products for which Lannett shall have advised that it will be unable to supply, for as long as Lannett's inability to supply the Products(s) continues and for a three (3) month period following notice by Lannett that it is able to supply ________ the entire quantity forecasted.
Inability to Supply. If Xxxxxxxxx-Xxxxx is unable to supply the full amount of Product in a Forecast or an accepted purchase order in the time agreed (hereinafter an “Inability to Supply”), Xxxxxxxxx-Xxxxx shall notify Auxilium within 5 business days and Xxxxxxxxx-Xxxxx shall endeavor to remedy the Inability to Supply as quickly as possible.
