Common use of Shortfall Calculation Clause in Contracts

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.

Appears in 3 contracts

Samples: Manufacturing Services Agreement, Manufacturing Services Agreement (Critical Therapeutics Inc), Manufacturing Services Agreement (Critical Therapeutics Inc)

AutoNDA by SimpleDocs

Shortfall Calculation. If the Actual Annual Yield falls more than [**] percent * below the respective Target Yield in a Yearcalendar year, then the shortfall for such Year year (the "Shortfall") shall will be determined based on the following calculationcalculated as follows: [**] The Shortfall shall be disclosed by Patheon to the Client on the reconciliation report prepared in the form annexed hereto as Schedule I.

Appears in 1 contract

Samples: Commercial Supply Agreement (Supernus Pharmaceuticals Inc)

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 will be determined based on the following calculation: Shortfall = [**] The Shortfall shall be disclosed by Patheon to the Client on the reconciliation report prepared in the form annexed hereto as Schedule I.***]

Appears in 1 contract

Samples: Manufacturing Services Agreement (Acorda Therapeutics Inc)

Shortfall Calculation. If the Actual Annual Yield falls more than [**] * percent below the respective Target Yield in a Year, then the shortfall for such the Year (the "Shortfall") shall will be determined based on the following calculationcalculated as follows: [**] The Shortfall shall be disclosed by Patheon to the Client on the reconciliation report prepared in the form annexed hereto as Schedule I.*

Appears in 1 contract

Samples: Manufacturing Services Agreement (Pozen Inc /Nc)

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.

Appears in 1 contract

Samples: Manufacturing Agreement (Vanda Pharmaceuticals Inc.)

Shortfall Calculation. If the Actual Annual Yield falls more than [**] percent below the applicable 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 Jagotec on the reconciliation report prepared in the form annexed hereto as Schedule I.3.

Appears in 1 contract

Samples: Manufacturing and Supply Agreement (Critical Therapeutics Inc)

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.

Appears in 1 contract

Samples: Manufacturing Services Agreement (New River Pharmaceuticals Inc)

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.

Appears in 1 contract

Samples: Manufacturing Agreement (Vanda Pharmaceuticals Inc.)

AutoNDA by SimpleDocs

Shortfall Calculation. If the Actual Annual Yield falls more than [***] percent below the respective Target Yield in for a given Year, then the shortfall for such Year (the "Shortfall") shall be determined based on the following calculation: [**(Target Yield-[***])AAY] The ÷100 * Active Material Cost * Quantity Dispensed Any Shortfall shall be disclosed by Patheon to the Client AAA on the reconciliation report prepared in Reconciliation Report and AAA will undertake an investigation of the form annexed hereto as Schedule I.reasons for the Shortfall.

Appears in 1 contract

Samples: Drug Product Manufacturing Services Agreement

Shortfall Calculation. If the Actual Annual Yield falls more than below [***] percent below (the respective Target Yield 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 (in kilograms) The Shortfall shall be disclosed by Patheon to the Client on the a reconciliation report prepared in the form annexed hereto as Schedule I.G.

Appears in 1 contract

Samples: Commercial Manufacturing Services Agreement (Depomed Inc)

Shortfall Calculation. If the Actual Annual Yield falls more than [**] percent ]% below the respective Target Yield in a Year, then the shortfall for such the Year (the "Shortfall") shall will be determined based on the following calculationcalculated as follows: Shortfall = [([**] The Shortfall shall be disclosed by Patheon to the Client on the reconciliation report prepared in the form annexed hereto as Schedule I.]

Appears in 1 contract

Samples: Manufacturing Services Agreement (Nabriva Therapeutics PLC)

Shortfall Calculation. If the Actual Annual Yield falls more than [** * *] percent below the respective Target Yield in a Year, then the shortfall for such the Year (the "Shortfall") shall will be determined based on the following calculationcalculated as follows: [* * **] The Shortfall shall be disclosed by Patheon to the Client on the reconciliation report prepared in the form annexed hereto as Schedule I.]

Appears in 1 contract

Samples: Master Manufacturing Services Agreement (Paratek Pharmaceuticals, Inc.)

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!