Shortfall Calculation. If the Actual Annual Yield falls more than [**] percent below the respective Target Yield in a Year, then the shortfall for such Year (the "Shortfall") shall be determined based on the following calculation: [**] The Shortfall shall be disclosed by Patheon to the Client on the reconciliation report prepared in the form annexed hereto as Schedule I.
Shortfall Calculation. If the Actual Annual Yield falls more than [***]% below the applicable Target Yield for a Product in a Year, then the shortfall for the Year (the “Shortfall”) will be calculated as follows: Shortfall =[(Target Yield — [***]%) — AAY] * Active Materials Credit Value * Quantity Dispensed
Shortfall Calculation. If the Actual Annual Yield falls below the respective Target Yield in a Year, then the shortfall for such Year (the “Shortfall”) shall be determined based on the following calculation: [(Target Yield – AAY] * API Credit Value * Quantity Dispensed ***Certain information on this page has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions. The Shortfall shall be disclosed by MOVA on the reconciliation report prepared in the form annexed hereto as Schedule G.
Shortfall Calculation. If the Actual Annual Yield falls more than [***] below the Target Yield for a given Year, then the shortfall for such Year (the “Shortfall”) shall be determined based on the following calculation: [(Target Yield-[***])AAY] ÷100 * Active Material Cost * Quantity Dispensed Any Shortfall shall be disclosed by AAA on the Reconciliation Report and AAA will undertake an investigation of the reasons for the Shortfall.
Shortfall Calculation. If the Actual Annual Yield falls more than **** below the respective Target Yield in a Year, then the shortfall for such Year (the “Shortfall”) shall be determined based on the following calculation: The Shortfall shall be disclosed by Patheon on the reconciliation report prepared in the form annexed hereto as Schedule I.
Shortfall Calculation. If the Actual Annual Yield [***], then the shortfall for such Year (the “Shortfall”) shall be determined based on the following calculation: The Shortfall shall be disclosed by Patheon on the reconciliation report prepared in the form annexed hereto as Schedule I.
Shortfall Calculation. If the Actual Half-Year Yield falls more than five percent below the Target Yield, then the shortfall for the period January 1 to June 30 (the “Half-Year Shortfall”) will be calculated as follows: If the Actual Annual Yield falls more than five percent below the Target Yield, then the shortfall for the Year (the “Annual Shortfall”) will be calculated as follows:
Shortfall Calculation. If the Actual Annual Yield falls more than [ *** ] percent below the respective Target Yield in a Year, then the shortfall for such Year (the “Shortfall”) shall be determined based on the following calculation: [(Target Yield ) – [***]% – AAY] * Active Material Reimbursement Value * Quantity Dispensed The Shortfall shall be disclosed by Patheon on the reconciliation report prepared in the form annexed hereto as Schedule K. For the purposes of calculating the Shortfall, the “Target Yield” for each Year shall be determined as follows:
1) For commercial Batches manufactured by Patheon in the first Year of this Agreement, the Target Yield shall be equal to the average yield of all Batches of Product manufactured by Patheon in the first Year.
2) For commercial Batches manufactured by Patheon in the second Year and each Year thereafter, the Target Yield shall be mutually agreed upon by the parties after Patheon has produced a minimum of twenty-five commercial production Batches of Product (collectively, the “Target Yield Determination Batches”) pursuant to this Agreement; provided, however, that the Target Yield Determination Batches shall not include any batches that, in the parties’ mutual and reasonable judgment, were produced in production runs that were adversely affected by technical difficulties or involving an extraordinary loss of Active Material. Thereafter, Patheon shall strive to maintain Actual Annual Yield levels for each Product above the applicable Target Yield.
Shortfall Calculation. For each of the Manufacturing Site and the Secondary Manufacturing Site, if the Actual Annual Yield falls more than [***] below the respective Target Yield for such site in a Year, then the shortfall for such site for such Year (the “Shortfall”) shall be determined based on the following calculation: [(Target Yield – [***]) – AAY] * Active Material Reimbursement Value * Quantity Dispensed The Shortfall for each of the Manufacturing Site and the Secondary Manufacturing Site shall be disclosed by Patheon on the reconciliation report prepared in the form annexed hereto as Schedule I.
Shortfall Calculation. The formula for calculating a Shortfall below the Target Yield will be Product specific and will be set forth in each Product Addendum. The Shortfall will be disclosed by Patheon on the reconciliation report prepared in the form annexed hereto as Schedule 4.2(b).
