Shortfalls in Supply. (a) If at any time following commencement of cGMP manufacture of Product at the Novasep Facility, Novasep believes that it will be unable to deliver the number of Batches ordered by Celladon for delivery during any period, Novasep shall promptly provide written notice thereof to Celladon, which notice shall include (i) the number of Batches that Novasep believes it will be unable to deliver, (ii) the reasons for Novasep’s inability to deliver such number of Batches and (iii) Novasep’s anticipated timeline for being able to deliver such number of Batches (such notice, a “Shortfall Notice”). Following delivery of a Shortfall Notice, Novasep shall be obligated to provide written notice(s) to Celladon promptly in the event there are subsequent changes in the details covered by a particular Shortfall Notice (e.g., if Novasep subsequently learns that it will be able to deliver a greater or lesser number of Batches than previously described in the Shortfall Notice or any prior update notice, or if Novasep’s anticipated timelines for curing such shortfall change).
(b) Upon the occurrence of any Supply Failure, the parties, via the POT or PGT, shall meet immediately and discuss in good faith all appropriate actions to remedy and cure the Supply Failure. In any event Novasep shall use best efforts to cure the Supply Failure as soon as possible (and in any event within […***…] ([…***…]) months), shall not manufacture any product other than Product in the Novasep Facility until such Supply Failure is cured and shall provide Celladon with regular and accurate reports on the status of its efforts and the actual date that it expects to deliver the required amounts of Product on order.
(c) If a Supply Failure occurs, (i) Celladon shall be […***…]; and (ii) Novasep’s rights under […***…], in each case until such time as such Supply Failure is cured.
Shortfalls in Supply. CPI will use best efforts to cure any shortage of supply to satisfy binding purchase commitments by Neos as soon as possible. The Parties will meet promptly and discuss in good faith commercially reasonable actions to remedy and cure such shortage of supply to satisfy binding purchase commitments by Neos, which may include the preparation of a plan by CPI to address any deficiencies or cause(s) of such shortfall. CPI shall provide a draft of the plan to Neos for review and agreement, and will consider in good faith all reasonable comments from Neos. CPI will provide reasonable periodic written status updates on their progress towards remedy and cure of such shortfalls.
Shortfalls in Supply. If STA fails to meet its supply obligations to FibroGen under this Agreement and provided that [ ], then STA shall use [] efforts to cure such failure as soon as
Shortfalls in Supply. (a) If Lonza fails to deliver to Altus on a timely basis, and provided that such failure is not caused by the late delivery by Altus of [***] that Altus is responsible for providing to Lonza under the terms of Section 3.12, the full amount of Bulk Product Component ordered under any Purchase Order submitted under Section 3.2 (as such quantities ordered may be limited under subsection 3.2(b)), Lonza [***] such failure [***], and Lonza also [***] with regular (at least [***], or [***] if [***] by [***]) and [***] reports on the status of its efforts, and the [***] date that [***], to cure such [***] by delivering the required amounts of Bulk Product Component on order. If such failure to delivery on a timely basis amounts of Bulk Product Component on order under a Purchase Order remains uncured by the date [***] the scheduled delivery date, then Altus may purchase from a Third Party any such amounts of such Bulk Product Component that remain on backorder. If Altus does so it shall give Lonza written notice thereof, and the relevant Purchase Order for such amounts shall be deemed canceled as to the amounts that were not previously delivered by Lonza, and Altus shall not be obligated to accept the delivery thereafter of such amounts under such Purchase Order (but Lonza may use any such amounts of the Bulk Product Component manufactured prior to such notice from Altus to fulfill future Purchase Orders by Altus of such Bulk Product Component so long as such amounts of Bulk Product Component have an appropriate period of shelf life remaining as of the time of delivery to Altus to fulfill such subsequent Purchase Orders), and Lonza shall at that point not be obligated to continue to fulfill such amounts of Batches that are on order but are past their delivery dates (but will remain fully obligated to manufacture and supply on a timely basis all other amounts of Bulk Product Component ordered by Altus under the terms of this Agreement). Lonza's obligation under this Section 3.10(a) to cure a failure to deliver amounts of Bulk Product Component ordered under any Purchase Order submitted under Section 3.2 shall terminate at the end of the calendar year following the year in which such failure occurred, provided Lonza has used best efforts to cure such failure prior to such date.
(b) Upon the occurrence of any [***] (as defined in subsection (c) below), the Parties shall meet immediately and discuss in good faith all appropriate actions to remedy and cure the [***]. I...
Shortfalls in Supply. (a) Should either Party perceive that a shortfall in delivery of Products by Supplier is likely to occur for any reason, such Party shall promptly notify the other Party, and the Parties shall discuss in good faith appropriate steps to alleviate such a shortfall.
(b) If Supplier fails to deliver any Products at the time and place set forth in the applicable purchase order submitted under Section 2.3, Supplier shall use best efforts to cure such failure, and Customer shall have the right, at its sole option, to take any or all of the following actions: (i) require Supplier to use expedited delivery methods to complete and deliver some or all of the relevant Products; (ii) allocate or redirect some or all of the relevant Products to one or more destinations specified by Customer; (iii) cancel all or any part of the corresponding purchase order; or (iv) purchase products comparable to the relevant Products in the open market or from other suppliers and [*] and [*] or [*]. For each complete calendar day by which delivery of Product is more than [*] days late (measured by comparing the actual delivery date of Product that is not Defective Product to the delivery date for such Product proposed by Customer in a purchase order accepted by Supplier pursuant to Section 2.3), Customer shall be entitled to [*].
(c) In the event that, over any [*] period, less than [*] of the Products ordered by Customer under this Agreement are delivered by the specified delivery date and in full compliance with the other terms and conditions of this Agreement, Supplier shall [*].
Shortfalls in Supply. (a) Should either Party perceive that a shortfall in delivery of Products by Supplier is likely to occur for any reason, such Party shall promptly notify the other Party, and the Parties shall discuss in good faith appropriate steps to alleviate such a shortfall.
(b) If Supplier fails to deliver any Products at the time and place set forth in the applicable purchase order submitted under Section 2.3, Supplier shall use best efforts to cure such failure, and Customer shall have the right, at its sole option, to take any or all of the following actions: (i) require Supplier to use expedited delivery methods to complete and deliver some or all of the relevant Products; (ii) allocate or redirect some or all of the relevant Products to one or more destinations specified by Customer; (iii) cancel all or any part of the corresponding purchase order. Supplier will review pricing annually and extend all price reductions available.
Shortfalls in Supply. In the case of an anticipated Quantity Shortfall, FibroGen shall promptly inform AstraZeneca in writing and provide AstraZeneca with a reasonably detailed description of the Quantity Shortfall, and a proposed plan for delivering the remaining amounts of the corresponding Purchase Order. FibroGen shall use reasonable commercial efforts to allocate an amount of its remaining manufacturing capacity to supply the remaining amounts [*] and according to the schedule as agreed by Parties.
Shortfalls in Supply. If Supplier fails to deliver any Products at the time and place set forth in the applicable purchase order submitted under Section 2.2, Supplier shall use best efforts to cure such failure, and Customer shall have the right, at its sole option, to take any or all of the following actions: (i) require Supplier to use expedited delivery methods to complete and deliver some or all of the relevant Products; (ii) allocate or redirect some or all of the relevant Products to one or more destinations specified by Customer; and/or (iii) cancel all or any part of the corresponding purchase order.
Shortfalls in Supply. In the case of a Supply Failure, FibroGen shall use [*] to cure such failure as soon as practicable. During such Supply Failure, FibroGen shall promptly inform Astellas in writing and provide Astellas with a reasonably detailed explanation why the Lead Time cannot be met and an indication when delivery of the Purchase Order is expected. [*]. If any Supply Failure continues in effect [*], FibroGen and Astellas shall meet and work together reasonably and in good faith to seek a prompt and commercially reasonable solution to the problem causing the Supply Failure, and [*]. For clarity, a Supply Failure will not be deemed to occur if (and to the extent that) (i) such failure is caused by a force majeure event as set out in ARTICLE 19 (ii) such failure is due to the Parties’ good faith dispute as to whether the Bulk Product conforms to the Specifications or is Non-Conforming, or (iii) Astellas is not in compliance in all material respects with its obligations under the Agreement.
Shortfalls in Supply. If Catalent fails to meet its supply obligations to FibroGen under this Agreement, then Catalent shall use [ ] efforts to cure such failure as soon as practicable. During such supply failure, Catalent shall use [ ] efforts to allocate manufacturing capacity to the manufacture and supply of Product to FibroGen or other Designees, until such supply failure is remedied. If any supply failure continues in effect for a period of more than [ ] ([ ]) days, Catalent and FibroGen shall meet and work together reasonably and in good faith to seek a prompt and commercially reasonable solution to the problem causing the supply failure.
