Product Shortages Sample Clauses
Product Shortages. (a) If Authorization is received but there is insufficient supply to deliver the full number of Contracted Doses on the Delivery Schedule (including the Adjusted Delivery Schedule), including to the extent any shortage is due to a requirement of Pfizer to divert available supply of the Product to another market, Pfizer shall work collaboratively to provide notice (and manage any communications associated with any Product shortages). Following receipt of such notification, Purchaser shall execute any instructions set out in the notice in a timely fashion (and in no event longer than 24 hours). Subject to the foregoing, including any requirement by Pfizer to divert Product to another market, Pfizer shall decide on necessary adjustments to the number of Contracted Doses and Delivery Schedule due to the Purchaser to reflect such shortages based on principles to be determined by Pfizer under the then existing circumstances (“Allocation”) which shall be set out in such notice. Purchaser shall be deemed to agree to any revision.
(b) Purchaser hereby waives all rights and remedies that it may have at Law, in equity or otherwise, arising from or relating to: (i) any failure by Pfizer to develop or obtain Authorization of the Product in accordance with the estimated dates described in this Agreement; or (ii) any failure by Pfizer to deliver the Contracted Doses in accordance with the Delivery Schedule. In the event of an inconsistency between the provisions of this Section 2.5 (Product Shortages) and those of other sections of this Agreement, the provisions of this Section 2.5 (Product Shortages) shall control and supersede over those of other sections of this Agreement to the extent of such inconsistency.
Product Shortages. Seller is not liable for any loss or damage resulting from delays in delivery due to circumstances beyond its reasonable control, such as, without limitation, product shortages, acts of nature, war, terrorism, regulatory or carrier issues.
Product Shortages. Unless otherwise specified in the Confirmation , Seller agrees to reimburse Buyer for any substantiated shortage on shipment in excess of 2% of the scheduled volume, provided that authority to unload railcars or other transport equipment with excessive shortage is granted by Seller before unloading and a signed document by a person accepted by Seller attesting to the shortage is sent by Buyer to Seller within thirty (30) Days from the date the railcar or other transport equipment was inspected.
Product Shortages. If Sonus fails to meet a shipment date due to product shortages or for any other reason, then the order will still count towards satisfying the commitment for the applicable period. Sonus will use best efforts to notify NT of any shortages prior to the applicable order date.
Product Shortages. If for any reason NetIQ's production is not on schedule, ----------------- NetIQ may allocate available inventory to Tech Data and make shipments based upon a fair and reasonable percentage allocation among NetIQ's customers. Such allocations shall not impact the calculation of performance rebates.
Product Shortages. AT&T PARADYNE agrees to maintain sufficient Product inventory to permit it to fill Tech Data's orders as required herein. If a shortage of any Product in AT&T PARADYNE's inventory exists in spite of AT&T PARADYNE's good faith efforts, AT&T PARADYNE agrees to allocate its available inventory of such Product to Tech Data in proportion to Tech Data's percentage of all ATM customer orders for such Product during the previous twelve (12) months.
Product Shortages. If for any reason USGN's production is not on schedule, USGN may allocate available inventory to Vitusa and make shipments based upon a fair and reasonable percentage allocation among USGN's customers.
Product Shortages. If for any reason VENDOR's production is not on ----------------- schedule, VENDOR may allocate available inventory to Tech Data and make shipments based upon a fair and reasonable percentage allocation among VENDOR's customers.
Product Shortages. If for any reason Trancell's production is not on ----------------- schedule, Trancell may allocate available inventory to Tech Data and make shipments based upon a fair and reasonable percentage allocation among Trancell's customers. Such allocations shall not impact the calculation of performance rebates.
Product Shortages. The seller is not liable for any loss or damage resulting from delays in delivery due to product shortages, acts of nature, war, terrorism, regulatory or carrier issues, or any circumstance beyond its reasonable control. 13. Prescription Products; Compliance with Law. Any Products labeled “Caution: Federal law prohibits dispensing without a prescription,” or subject to an equivalent labeling in a jurisdiction outside of the United States is sold for such use only. Buyer shall comply with all applicable laws and regulations in connection with the Products, including without limitation the Regulations on the Supervision and Administration of Medical Devices of the People's Republic of China, the Federal Food, Drug and Cosmetic Act, the Prescription Drug Marketing Act, equal-opportunity laws, and fraud and abuse laws. 处方药； 法律合规：任何标有“警告：联邦法律禁止在没有处方的情况下分发”或在美国以外司 法管辖区具有同等标签的产品仅可用于该标签说明的用途。买方应遵守与产品有关的所有适用法律和法规，包括但不限于《中华人民共和国医疗器械监督管理条例》，《联邦食品，药品和化妆品法案》，《处方药 销售法案》， 机会均等法律以及反欺诈和滥用的法律。