Shortage. By December 1 each school year, the Superintendent will publish a list of 5 certification areas in which a shortage of employees exist. Priority will be given to 6 employees who apply for study in these areas.
Shortage. In the event of a shortage of any Products, Supplier will first fulfill OEM’s Order in quantities equal to the order rate as measured by the monthly order rate during the preceding three-month period (the “Order Rate”). Supplier will use its best commercial efforts to satisfy OEM’s demand in excess of the Order Rate.
Shortage. Sutro shall use reasonable efforts to promptly notify SutroVax in writing in the event that Sutro is unable or anticipates that it will be unable to supply compliant Product in accordance with the requirements of this Supply Agreement, including the Quality Agreement and all Required Standards, and each Work Order. Sutro shall use Commercially Reasonable Efforts to overcome any inability or anticipated inability to so supply compliant Product to SutroVax.
Shortage. If LONZA anticipates that it will not be able to supply quantities of any Product ordered by CLIENT in accordance with any Binding Purchase Order (in the quantities and by the delivery dates specified in the applicable Binding Purchase Order) (a “Shortage of Supply”), LONZA shall promptly (and in any event within fourteen (14) days) notify CLIENT in writing of the same, and shall include in such notice its best estimate of the duration of the delay. LONZA shall, at its own cost, use its Best Efforts to remedy any Shortage of Supply and resume supplying such Product in accordance with the terms and conditions of this Agreement to CLIENT as soon as possible and, upon CLIENT’s request, LONZA shall reasonably cooperate with CLIENT to secure adequate supplies of such Product from alternative sources, including prompt facilitation of Technology Transfer as described in Section 4.7.3(c) to CLIENT or any Third Parties designated by CLIENT for such purposes. In any event, both Parties agree to respond with the level of speed and diligence commensurate with the severity of the problem. In the event of a Shortage of Supply, in addition to any other remedies the CLIENT may have at law or in equity, CLIENT shall be relieved from its obligations to purchase any quantities of such Product identified in any such Binding Purchase Order and may cancel such quantities effective upon notice to LONZA, without charge of any Cancellation Payment.
Shortage. In the event that any Product is in short supply, KLOX shall notify Sandoz of such shortage as soon as possible and allocate to Sandoz a prorated share of such Product available to KLOX taking into consideration Sandoz’s relative sales volume in relation to customers of KLOX and its other distributors. Subject to Section 13.4(c), such allocation shall be the only remedy available to Sandoz due to any such shortage, provided that KLOX shall use commercially reasonable efforts to eliminate, cure or overcome such shortage and to resume performance of its obligations hereunder as soon as reasonably possible. Within [***] after Launch, KLOX will put in place a contingency plan to deal with potential shortages of the Product for the Territory, which shall include, with Sandoz’s support, the qualification of a back-up manufacturer (subject to Sandoz’s approval which may not be unreasonably withheld or delayed) of the Products for the Territory.
Shortage. Any production shortage for that specific shift (due to Boning Room scales operator not mechanical failure) by one body of beef or less per chain shall be made up the following day on the appropriate shift.
Shortage. StarTek shall be liable for and shall reimburse Microsoft for any Product(s) that is unaccounted for ("Shortage"), when such Shortage exceeds *, calculated as shown in Exhibit __, as reported in the * build reports provided to Microsoft, or as determined upon physical inventory/audit conducted pursuant to Section 12 of this Agreement. "Shortage" shall be include *.
Shortage. Claims for shortages in the quantity of Finished Goods shipped by Halo shall be dealt with as may reasonably be agreed to by the parties in the ordinary course of business.
Shortage. In case of shortage of Supply Product (i.e., if BioParadox’s orders together with other orders or ThermoGenesis’ requirements for the given Supply Product for purposes outside the Field exceed the available supply) in any given time period, then without limiting ThermoGenesis’ obligations under Section 5.4, ThermoGenesis shall allocate to BioParadox no less than its proportionate share of Supply Product based on ordering history in the 12 months leading up to the shortage.
Shortage. Claims for shortages in the quantity of Finished Goods shipped by AAA shall be dealt with as may reasonably be agreed to by the parties in the ordinary course of business.
