Production Below Amount of Orders Sample Clauses

Production Below Amount of Orders. If, due to the fault or error of Xxxxxx or a third-party supplier or sub-contractor of Xxxxxx, and subject to the provisions of Section 28 of this Agreement, Xxxxxx fails to deliver Antibodies in the quantities specified in Newco's orders, Xxxxxx shall take such action as may be necessary to cure such failure as rapidly as is commercially reasonable, including without limitation, the actions specified with respect to various fill rates as follows: A. If production for any month is [Confidential Information Omitted] of Newco's firm orders or lower, Xxxxxx shall (i) increase its production in the next following month as reasonably necessary to satisfy both the unfilled orders and the firm orders for such next following month, and (ii) pay air freight and other extraordinary shipping costs reasonably necessary to deliver delayed Antibodies to Newco or Newco's product manufacturer until Xxxxxx has brought production into compliance with firm orders. The [Confidential Information Omitted] fill rate commitment established pursuant to this Section 13.4A may be adjusted by the parties during the Term hereof as may be appropriate to reflect actual manufacturing experience. B. If production for any month is [Confidential Information Omitted] of Newco's firm orders (as increased by the number of unfilled orders, if any, carried over from the previous month) or lower, or if production for any three consecutive months is [Confidential Information Omitted] of Newco's firm orders (as increased by the number of unfilled orders, if any, carried over from the previous month) or lower, Xxxxxx shall (i) take the remedial measures set forth in Section 13.4(A), (ii) promptly prepare and present to the Production Operating Teams a plan for restoring compliance with firm orders, and (iii) promptly implement such measures to restore compliance with firm orders as are directed by the Production Operating Teams, including without limitation, changing or allocating additional manufacturing resources. C. If, after the first twelve (12) months of the Term of this Agreement, production for any three consecutive months is [Confidential Information Omitted] of Newco's firm orders (as increased by the number of unfilled orders, if any, carried over from the previous month) or lower, or if production for any six
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Related to Production Below Amount of Orders

  • Falls Far Below Target  Upon further review following a preliminary Pending rating, the Commission identifies significant financial risk and has concerns about financial viability such that heightened monitoring and/or intervention are necessary. 2.

  • Falls Far Below Standard  Upon further review following a preliminary Pending rating, the Commission identifies significant financial risk and has concerns about financial viability such that heightened monitoring and/or intervention are necessary.

  • Time Off in Lieu of Overtime Employees who work overtime will not be required to take time off in regular hours to make up for overtime worked. Time off in lieu may be taken on a mutually agreed upon basis between the employee and the Hospital, such time off will be the equivalent of the premium rate the employee has earned for working overtime. The Hospital shall revert to payment of premium rate if time off is not taken within sixty (60) calendar days."

  • Direction to Account Debtors; Contracting Parties; etc Upon the occurrence and during the continuance of an Event of Default, if the Collateral Agent so directs any Assignor, such Assignor agrees (x) to cause all payments on account of the Receivables and Contracts to be made directly to one or more Cash Collateral Accounts (as the Collateral Agent shall so direct), (y) that the Collateral Agent may, at its option, directly notify the obligors with respect to any Receivables and/or under any Contracts to make payments with respect thereto as provided in the preceding clause (x), and (z) that the Collateral Agent may enforce collection of any such Receivables and Contracts and may adjust, settle or compromise the amount of payment thereof, in the same manner and to the same extent as such Assignor. Without notice to or assent by any Assignor, the Collateral Agent may, upon the occurrence and during the continuance of an Event of Default, apply any or all amounts then in, or thereafter deposited in, the Cash Collateral Accounts which application shall be effected in the manner provided in Section 7.4 of this Agreement. The reasonable costs and expenses (including reasonable attorneys' fees) of collection, whether incurred by an Assignor or the Collateral Agent, shall be borne by the relevant Assignor. The Collateral Agent shall deliver a copy of each notice referred to in the preceding clause (y) to the relevant Assignor, provided, that the failure by the Collateral Agent to so notify such Assignor shall not affect the effectiveness of such notice or the other rights of the Collateral Agent created by this Section 3.3.

  • Distribution Compliance Period The Purchaser agrees not to resell, pledge or transfer any Purchased Shares within the United States or to any U.S. Person, as each of those terms is defined in Regulation S, during the 40 days following the Closing Date.

  • Interconnection Customer Compensation for Actions During Emergency Condition The CAISO shall compensate the Interconnection Customer in accordance with the CAISO Tariff for its provision of real and reactive power and other Emergency Condition services that the Interconnection Customer provides to support the CAISO Controlled Grid during an Emergency Condition in accordance with Article 11.6.

  • Interconnection Customer Payments Not Taxable The Parties intend that all payments or property transfers made by the Interconnection Customer to the Participating TO for the installation of the Participating TO's Interconnection Facilities and the Network Upgrades shall be non-taxable, either as contributions to capital, or as a refundable advance, in accordance with the Internal Revenue Code and any applicable state income tax laws and shall not be taxable as contributions in aid of construction or otherwise under the Internal Revenue Code and any applicable state income tax laws.

  • Current Locations The chief executive office of each Company is located at the address set forth in Schedule 2 hereto.

  • STRS PICK-UP The Board agrees, as a condition of employment, to tax shelter employee contributions to the State Teacher's Retirement System (STRS) in accordance with State Retirement System and Federal Internal Revenue Service guidelines and restrictions. This section in no way implies that the Board will contribute any portion of the employee's share of retirement contributions. For purposes of this paragraph, total annual salary and salary per pay period of each bargaining unit member shall be the salary otherwise payable under this Agreement, as amended. The total annual salary and salary per pay period of each member shall be payable by the Board in two parts: (1) deferred salary and (2) cash salary. A member's deferred salary shall be equal to that percentage of said member's total annual salary or salary per pay period which is required from time to time by the State Teachers Retirement System (STRS) to be paid as an employee contribution by said member as a pickup of the STRS employee contribution otherwise payable by said member. A member's cash salary shall be equal to said member's total annual salary or salary per period less the amount of the pickup for said member and shall be payable, subject to applicable payroll deductions, to said member. The Board's total combined expenditures for members' total annual salaries otherwise payable under this Agreement, as amended, (including pickup amounts) and its employer contributions to STRS shall not be greater than the amounts it would have paid for those items had this provision not been in effect. The Board shall compute and remit its employer contributions to STRS based upon total annual salary, including the "pickup". The Board shall report for Federal and Ohio income tax purposes as a member's gross income said member's total annual salary less the amount of the "pickup". The Board shall report for municipal income tax purposes as a member's gross income said member's total annual salary, including the amount of the pickup. The pickup shall be included in the member's total annual salary for the purpose of computing daily rate of pay, for determining paid salary adjustments to be made due to absence, or for any other similar purpose. The pickup shall apply to all payroll payments made after the effective date of this provision. Should the Board's payment of deferred salary cause an individual bargaining unit member's annuity contributions to exceed the IRS permissible level, any such individual shall have the right to adjust annuity deductions within thirty (30) days of the effective date of this provision.

  • No Exhibit E without unaltered DPA including Texas Addendum Any alterations are only allowed in Exhibit “H”. Any terms under Exhibit “H” do not apply to Exhibit “E” and render Exhibit “E” null and void.

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