Common use of Shortfall Calculation Clause in Contracts

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 *** Confidential Treatment Requested

Appears in 2 contracts

Samples: Product Agreement (Jaguar Animal Health, Inc.), Master Manufacturing Services Agreement (Jaguar Animal Health, Inc.)

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Shortfall Calculation. If the Actual Annual Yield falls more than [***]3.5% below the applicable respective Target Yield for a Product in a Year, then the shortfall for the Year (the “Shortfall”) will be calculated as follows: Shortfall =[= [(Target Yield — [***]– 3.5%) AAY] * Active Materials Credit Value * Quantity Dispensed *** Confidential Treatment RequestedDispensed

Appears in 2 contracts

Samples: Manufacturing Services Agreement (Acelrx Pharmaceuticals Inc), Manufacturing Services Agreement (Acelrx Pharmaceuticals Inc)

Shortfall Calculation. If the Actual Annual Yield falls more than [***]% five percent below the applicable respective 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 *** Confidential Treatment RequestedDispensed

Appears in 2 contracts

Samples: Manufacturing Services Agreement (Santarus Inc), Manufacturing Services Agreement (Santarus Inc)

Shortfall Calculation. If the Actual Annual Yield falls more than [***]5% below the applicable respective Target Yield for a Product in a Year, then the shortfall for the Year (the “Shortfall”) will be calculated as follows: Shortfall =[= [(Target Yield — [***]– 5%) AAY] * Active Materials Credit Value * Quantity Dispensed *** Confidential Treatment RequestedDispensed

Appears in 1 contract

Samples: Master Manufacturing Services Agreement (Melinta Therapeutics, Inc. /New/)

Shortfall Calculation. If the Actual Annual Yield falls more than [***]% below the applicable respective Target Yield for a Product in a Year, then the shortfall for the Year (the "Shortfall") will be calculated as follows: Master Manufacturing Services Agreement Shortfall =[= [(Target Yield [***]%) AAY] * Active Materials Credit Value * Quantity Dispensed *** Confidential Treatment RequestedDispensed

Appears in 1 contract

Samples: Product Agreement (Acadia Pharmaceuticals Inc)

Shortfall Calculation. If the Actual Annual Yield falls more than [***]% below the applicable respective Target Yield for a Product in a Year, then the shortfall for the Year (the "Shortfall") will be calculated as follows: ***Confidential Treatment Requested Master Manufacturing Services Agreement Shortfall =[= [(Target Yield [***]%) AAY] * Active Materials Credit Value * Quantity Dispensed *** Confidential Treatment RequestedDispensed

Appears in 1 contract

Samples: Product Agreement (Acadia Pharmaceuticals Inc)

Shortfall Calculation. If the Actual Annual Yield (“AAY”) falls more than [***]% ] percent below the applicable respective 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 API Credit Value * Quantity Dispensed *** Confidential Treatment RequestedDispensed

Appears in 1 contract

Samples: Commercial Manufacturing Services Agreement (Clinical Data Inc)

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Shortfall Calculation. If the Actual Annual Yield falls more than [***]% five percent (5%) below the applicable respective Target Yield for a Product in a Year, then the shortfall for the Year (the “Shortfall”) will be calculated as follows: Shortfall =[= [(Target Yield — [***]5%) — AAY] * Active Materials Credit Value * Quantity Dispensed *** Confidential Treatment RequestedDispensed

Appears in 1 contract

Samples: Product Agreement (Avadel Pharmaceuticals PLC)

Shortfall Calculation. If the Actual Annual Yield falls more than [***]% below the applicable respective 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 *** Confidential Treatment RequestedDispensed

Appears in 1 contract

Samples: Product Agreement (Neurocrine Biosciences Inc)

Shortfall Calculation. If the Actual Annual Yield falls more than [***]% below the applicable respective Target Yield for a Product in a Year, then the shortfall for the Year (the “Shortfall”) will be calculated as follows: ***Confidential Treatment Requested Master Manufacturing Services Agreement Shortfall =[= [(Target Yield [***]%) AAY] * Active Materials Credit Value * Quantity Dispensed *** Confidential Treatment RequestedDispensed

Appears in 1 contract

Samples: Product Agreement (Acadia Pharmaceuticals Inc)

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