Quantitative Deficiencies Sample Clauses

Quantitative Deficiencies. In the event Amarin determines there is a quantitative deficiency in any shipment, with respect to the API volumes indicated on the applicable Purchase Order(s), Amarin shall properly document such deficiency and notify Chemport thereof in writing. Upon such notice, Amarin may, at its option: (a) pay only for actual quantities delivered, or (b) pay only for actual quantities delivered and require Chemport to rectify any such deficiency by shipping the appropriate quantities of API to or as directed by Amarin, in which case Amarin shall be obligated to pay for any such additional quantities pursuant to the terms and conditions of this Agreement. Chemport shall use commercially reasonable efforts to rectify any such deficiency on a priority basis and deliver such additional quantities of API as soon as possible.
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Quantitative Deficiencies. In the event Amarin determines there is a quantitative deficiency in any shipment, with respect to the API volumes indicated on the applicable Purchase Order(s), Amarin may: (i) pay only for actual quantities shipped; and (ii) require Equateq to rectify any such deficiency by shipping the appropriate quantities of API to or as directed by Amarin, in which case Amarin shall be obligated to pay for any such additional quantities pursuant to the terms and conditions of this Agreement. Equateq shall use commercially reasonable efforts to rectify any such deficiency, and shall ship such additional quantities of API as soon as possible.
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Quantitative Deficiencies. GWI shall inform Supplier of any ------------------------- claim relating to quantitative deficiencies in any shipment of Products within [*] following receipt of any shipment. In the event GWI determines there is a quantitative deficiency in any shipment, GWI shall, at its option: (i) only pay for actual quantities delivered; or (ii) require Supplier to rectify any such deficiency by promptly shipping the appropriate quantities of any relevant Product to or as directed by GWI or a GWI Affiliate, in which case GWI shall be obligated to pay for any such quantities pursuant to the terms and conditions of this Agreement.
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Quantitative Deficiencies. Distributor shall notify MPL in writing of any claim relating to quantitative deficiencies from the applicable shipping documentation in any shipment of Licensed Products for which Distributor considers MPL to be responsible within fifteen (15) days following receipt of any such shipment. Any claim for a quantitative deficiency from the applicable shipping documentation that is not made within such fifteen (15) days shall be deemed to have been waived by Distributor and Distributor shall be obligated to make payment for such Licensed Products in accordance with Sections 5.06, 5.07 and 5.08 above. In the event Distributor determines there is a quantitative deficiency from the applicable shipping documentation, the Parties shall investigate such deficiency and, if the Parties agree that MPL is responsible for such deficiency, the Actual Quantity shall be adjusted to reflect the Parties' agreement; provided, however, that MPL shall have the option of rectifying any such deficiency that occurred prior to shipment by promptly shipping the appropriate quantities of Licensed Products, as the case may be, to Distributor, in which case the Actual Quantity shall be readjusted to include such shipment. Distributor's exclusive remedy for any quantitative deficiencies shall be to pay only for actual quantities shipped or, at MPL's option, receive the appropriate quantities, as provided herein.(1)
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Quantitative Deficiencies. GSK shall inform Draxis of any claim relating to quantitative deficiencies in any shipment of Products within forty-five (45) days following receipt of any shipment. In the event GSK determines there is a quantitative deficiency in any shipment, GSK shall, at its option: (i) only pay for actual quantities delivered; or (ii) require Draxis to rectify any such deficiency by promptly shipping the appropriate quantities of any relevant Product to or as directed by GSK or a GSK Affiliate, in which case GSK shall be obligated to pay for any such quantities pursuant to the terms and conditions of this Agreement. Notwithstanding the foregoing, quantities actually shipped pursuant to a Purchase Order may vary within the parameters established for each of the Products set forth on Schedule 5.5 to the applicable Specific Product Supplement and still be deemed to be in compliance with such Purchase Order.
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Quantitative Deficiencies. In the event Inspire determines there is a quantitative deficiency in any shipment, with respect to the API volumes indicated on the applicable Purchase Order(s), Inspire may: (i) pay only for actual quantities delivered; and (ii) require Novasep to rectify any such deficiency by shipping the appropriate quantities of API to or as directed by Inspire, in which case Inspire shall be obligated to pay for any such additional quantities pursuant to the terms and conditions of this Agreement. Novasep shall use best efforts to rectify any such deficiency on a priority basis, and shall deliver such additional quantities of API as soon as possible.
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Quantitative Deficiencies. Myogen agrees to establish processes with the Customers to notify GSK in writing of any claim relating to quantitative deficiencies from the applicable shipping documentation in any shipment of Product for which Myogen considers GSK to be responsible within fifteen (15) calendar days following receipt of any such shipment. Any claim for a quantitative deficiency from the applicable shipping documentation that is not made within such fifteen (15) calendar days will be deemed to have been waived by Myogen and its Customers and Myogen will be obligated to make payment for such Product in accordance with Section 5.6 above. In the event Myogen determines there is a quantitative deficiency from the applicable shipping documentation, the Parties will investigate such deficiency and, if the Parties agree that GSK is responsible for such deficiency, the Actual Quantity will be adjusted to reflect the Parties' agreement; provided, however, that GSK will have the option of rectifying any such deficiency that occurred prior to shipment by promptly shipping the appropriate quantities of Product, as the case may be, to Myogen, in which case the Actual Quantity will be readjusted to include such shipment. Myogen's exclusive remedy for any quantitative deficiencies will be to pay only for actual quantities shipped or, at GSK's option, receive the appropriate quantities, as provided herein.
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Related to Quantitative Deficiencies

  • Deficiencies Without limiting or waiving any other remedies available to City, City’s remedies shall include the following in connection with deficiencies in Tenant’s operations:

  • Uncontrollable Events BISYS assumes no responsibility hereunder, and shall not be liable for any damage, loss of data, delay or any other loss whatsoever caused by events beyond its reasonable control.

  • Material Changes; Undisclosed Events, Liabilities or Developments Since the date of the latest audited financial statements included within the SEC Reports, except as set forth on Schedule 3.1(i), (i) there has been no event, occurrence or development that has had or that could reasonably be expected to result in a Material Adverse Effect, (ii) the Company has not incurred any liabilities (contingent or otherwise) other than (A) trade payables and accrued expenses incurred in the ordinary course of business consistent with past practice and (B) liabilities not required to be reflected in the Company’s financial statements pursuant to GAAP or disclosed in filings made with the Commission, (iii) the Company has not altered its method of accounting, (iv) the Company has not declared or made any dividend or distribution of cash or other property to its stockholders or purchased, redeemed or made any agreements to purchase or redeem any shares of its capital stock and (v) the Company has not issued any equity securities to any officer, director or Affiliate, except pursuant to existing Company stock option plans. The Company does not have pending before the Commission any request for confidential treatment of information. Except for the issuance of the Securities contemplated by this Agreement or as set forth on Schedule 3.1(i), no event, liability, fact, circumstance, occurrence or development has occurred or exists or is reasonably expected to occur or exist with respect to the Company or its Subsidiaries or their respective businesses, prospects, properties, operations, assets or financial condition that would be required to be disclosed by the Company under applicable securities laws at the time this representation is made or deemed made that has not been publicly disclosed at least 1 Trading Day prior to the date that this representation is made.

  • De Minimis Adjustments No adjustment in the number of shares of Common Stock purchasable hereunder shall be required unless such adjustment would require an increase or decrease of at least one share of Common Stock purchasable upon an exercise of each Warrant and no adjustment in the Exercise Price shall be required unless such adjustment would require an increase or decrease of at least $0.01 in the Exercise Price; provided, however, that any adjustments which by reason of this Section 3.7 are not required to be made shall be carried forward and taken into account in any subsequent adjustment. All calculations shall be made to the nearest full share or nearest one hundredth of a dollar, as applicable.

  • Adjustments Resulting in Underpayments In the case of any adjustment pursuant to a Final Determination with respect to any such Tax Return, the Responsible Company shall pay to the applicable Tax Authority when due any additional Tax due with respect to such Return required to be paid as a result of such adjustment pursuant to a Final Determination. The Responsible Company shall compute the amount attributable to the Corner Store Group in accordance with Section 2 and Corner Store shall pay to Valero any amount due Valero (or Valero shall pay Corner Store any amount due Corner Store) under Section 2 within 30 days from the later of (i) the date the additional Tax was paid by the Responsible Company or (ii) the date of receipt of a written notice and demand from the Responsible Company for payment of the amount due, accompanied by evidence of payment and a statement detailing the Taxes paid and describing in reasonable detail the particulars relating thereto. Any payments required under this Section 5.02(c) shall include interest computed at the Prime Rate based on the number of days from the date the additional Tax was paid by the Responsible Company to the date of the payment under this Section 5.02(c).

  • Reportable Events No such Employee Benefit Plan which is an Employee Pension Benefit Plan has been completely or partially terminated or been the subject of a Reportable Event as to which notices would be required to be filed with the PBGC. No proceeding by the PBGC to terminate any such Employee Pension Benefit Plan has been instituted or threatened; and

  • Thresholds The threshold of a sample to constitute a positive result alcohol, drugs, or their metabolites is contained in the standards of one of the programs listed in MN Statute §181.953, subd 1. The employer shall, not less than annually, provide the unions with a list or access to a list of substances tested for under this LOA and the threshold limits for each substance. In addition, the employer shall notify the unions of any changes to the substances being tested for and of any changes to the thresholds at least thirty (30) days prior to implementation.

  • ERISA Compliance; Excess Parachute Payments The Parent does not, and since its inception never has, maintained, or contributed to any “employee pension benefit plans” (as defined in Section 3(2) of ERISA), “employee welfare benefit plans” (as defined in Section 3(1) of ERISA) or any other Parent Benefit Plan for the benefit of any current or former employees, consultants, officers or directors of Parent.

  • Ameliorative Allocations Any special allocations of income or gain pursuant to Sections 5.05(b) or 5.05(c) hereof shall be taken into account in computing subsequent allocations pursuant to Section 5.04 and this Section 5.05(g), so that the net amount of any items so allocated and all other items allocated to each Partner shall, to the extent possible, be equal to the net amount that would have been allocated to each Partner if such allocations pursuant to Sections 5.05(b) or 5.05(c) had not occurred.

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