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Common use of Shortage Clause in Contracts

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.

Appears in 4 contracts

Samples: Oem Purchase Agreement (Nutanix, Inc.), Oem Purchase Agreement (Nutanix, Inc.), Oem Purchase Agreement (Nutanix, Inc.)