Short Supply. (a) In the event of part or all of Afrox’s supply of Factored Products from their Product Source being interrupted for any reason then for the duration of the period Afrox is affected by such cause Afrox may (where possible) obtain such Factored Products from another source, in which case Afrox reserves the right to implement a surcharge for the duration of the affected period to recover its additional costs, such additional costs to be notified to the Customer in advance. If the Customer objects to such price increase, then Afrox shall cease supplying the relevant Factored Products for the remainder of such period of interruption, but this shall not be deemed to be a failure or inability to supply for the purposes of the remainder of this Agreement. In the event that Afrox is unable to find an alternative source of the Factored Products then Afrox’s obligation to supply the relevant Factored Products shall be deemed to be suspended for the duration of the interruption. This Clause shall not prejudice any rights the Customer may have under Clause 18(c). For the avoidance of doubt this suspension shall not be deemed to be a failure by Afrox to supply but it shall be an inability to supply allowing the Customer to exercise its rights (where relevant) under Clause 2(b) above.
(b) If Afrox’s performance of any of its obligations under this Agreement by its normal means is prevented or delayed due to any war, civil disturbance, riot, government action, state of emergency, act of God, interruption of utilities, strike or labour dispute, or any other cause beyond Afrox’s reasonable control, that obligation shall be suspended during the period Afrox is affected by such cause.
(c) In the event of Afrox’s supply of Gas and/or Goods (which are not Factored Products) from their Product Source being interrupted under Clause 8(b) and for the duration of the period Afrox is affected by such cause Afrox may obtain such Gas and/or Goods from another source, in which case Afrox reserves the right to vary the price for the duration of the affected period to recover its additional costs, such additional costs to be notified to the Customer in advance. If the Customer objects to such price increase, then Afrox’s obligation to supply shall remain suspended under Clause 8(b) above.
Short Supply. If you think that you will not be able to supply DFMC with the full Contracted Volume in any given Month, you must tell DFMC as soon as possible in writing.
Short Supply. Without limiting anything to the contrary in this Agreement, in the event that any Beacon Optofluidic Machines (including related Hardware and Software), Consumables or the Services are in short supply, i.e., [***], BLI shall notify Ginkgo in writing of such circumstances as soon as possible, including the underlying reasons for such shortage, the date such inability is expected to end and the amount of Beacon Optofluidic Machines (including related Hardware and Software), Consumables or Services to be allocated to Ginkgo. BLI shall allocate Beacon Optofluidic Machines (including related Hardware and Software), Consumables and Services in short supply to Ginkgo [***], with such [***] allocation applicable only up to the number of units of such item set forth in the binding portions of the then-current Rolling Forecast.
Short Supply. 1. For the purposes of this Section, “short-supply allowance” means temporarily considering a yarn or fabric from non-Parties as originating for the purpose of determining whether a good of Chapters 50 through 63 of the Harmonized System is originating.
2. The Party shall implement a short-supply allowance following a request from the other Party, based on information it considers necessary, if it determines that the yarn or fabric is not available in commercial quantities in a timely manner in the territory of either Party.
3. The Party receiving a request from the other Party shall, to the extent possible, make a short-supply determination within 45 days of receiving the request.
4. A person of a Party may request a short supply determination from that Party. The Party receiving that request shall notify the other Party of the request to the extent possible within 10 days of receiving the request.
5. A Party shall implement a short-supply allowance in accordance with its legal procedures.
6. A Party may decline to implement a short-supply allowance if the other Party does not implement a short-supply allowance for the same yarn or fabric.
7. Soon after the entry into force of this Agreement, the Parties shall commence work towards establishing procedures to guide the administration of the short-supply determinations and allowances referred to in this Section.
Short Supply. The principle of short supply shall be, in any event [*], be it due to Force Majeure or any other reason, including as may be attributable to Sellers, shall translate into the right of Buyers to receive from Sellers, during short supply, [*], as then-available at the relevant point in time during short supply, having been [*], e.g. (only) [*] in accordance with this Agreement and (at the relevant point in time, when ordered by Buyer with Sellers) then representing [*] of Sellers’ [*] (which shall, in this example, be [*]), then [*] would entitle Buyer to [*] in cases where no shortage applies; provided, however, in cases of shortage of supply, this foregoing right entitles Buyer [*], when [*], namely, assuming that the total capacity only available to Sellers during such shortage would only be [*] (instead of [*] then-available prior to short supply, in such above example), Buyer would only be entitled to receive [*] thereof, namely [*], during the period of short supply. After short supply period ends, Sellers will return to supplying the products under this Agreement as required when there was no short supply.
Short Supply. If at any time Flinders Council determines that a batch of Product contains less Product than the volume required by the Delivery Schedule, Flinders Council will notify the Supplier of:
(a) the date of delivery of the relevant batch of Product; and
(b) the shortfall in volume.
Short Supply. 1. For purposes of determining the origin of a good of Chapter 50 through 63 of the Harmonized System, at the request of an interested entity of a Party, a Party shall, to the extent possible within 45 days of receiving the request, temporarily allow yarn or fabric from a non-Party to be considered originating, if the Party determines, based on information it considers necessary, that the yarn or fabric is not available in commercial quantities in a timely manner in the territory of any Party. Each Party shall implement such short-supply allowances in accordance with its applicable legal procedures.
2. The Party receiving a request for a short supply allowance pursuant to paragraph 1 shall notify the other Party of the request to the extent possible with 10 days of receiving the request. A Party may decline to grant a short-supply allowance if the other Party does not also grant such an allowance.
3. The Committee on Trade in Goods shall establish procedures to guide the administration of the short-supply allowances referred to in paragraphs 1 and 2.
Short Supply. If Novavax receives Regulatory Approval in the Territory, but reasonably believes that it will not be able to supply Customer with quantities of Vaccine within the variances permitted by Section 2.5, then Novavax shall [***] notify Customer in writing of such circumstances, including [***] (“Remedial Plan”). Where such inability to supply results from Novavax’s inability to manufacture or source sufficient quantities of Vaccine doses to supply all of its customers, Novavax shall deliver to Customer [***] for the period of short supply. Novavax shall consider in good faith any reasonable changes to the Remedial Plan proposed by Customer.
2.6.1. If the Remedial Plan does not resolve such inability or failure to supply to within [***] of the first missed or under delivery giving rise to the Remedial Plan, the Customer may, [***], cancel delivery of the Product that was scheduled for delivery [***].
Short Supply. If C&S fails to maintain the Fresh Products turn inventory, or to otherwise purchase any Fresh Products in accordance with instructions received from A&P hereunder, so as to result in "stock-outs" or short supplies of Fresh Products, C&S shall promptly notify A&P of such fact and A&P shall instruct C&S as to the manner and vendor from whom C&S shall purchase such amount of replenishment Fresh Products as may be required to cure the short supply. In the case of a short ------------------------------ * Material omitted and filed separately with the Securities and Exchange Commission pursuant to a request for confidential treatment under Rule 24b-2 of the Securities Exchange Act 1934, as amended. supply, at A&P's request C&S shall be required to prove that it made a good faith attempt to purchase all Fresh Products from the Fresh Products vendors designated by A&P.
Short Supply. For purposes of determining the origin of a good of Chapters 50 through 63 of the Harmonized System, at the request of an interested entity of a Party, a Party shall, to the extent possible within 45 days of receiving the request, temporarily allow fibre, yarn or fabric from a non-Party to be considered originating, if the Party determines, based on information it considers necessary that the fibre, yarn, or fabric is not available in commercial quantities in a timely manner in the territory of any Party. Each Party shall implement such short-supply allowances in accordance with its applicable legal procedures.
