Shortfalls in Supply Sample Clauses

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.
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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).
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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.
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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
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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.
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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.
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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.
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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.
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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.
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Related to Shortfalls in Supply

  • Shortfalls (i) If the amounts described in Section 2.3 are insufficient to pay the Class A Monthly Interest on any Distribution Date, payments of interest to the Class A Noteholders will be reduced on a pro rata basis by the amount of such deficiency. The aggregate amount, if any, of such deficiency on any Distribution Date, together with the aggregate unpaid amount of any such deficiencies with respect to all prior Distribution Dates, shall be referred to as the “

  • Realized Losses Realized Losses shall be allocated first against the Overcollateralization Amount, until the Overcollateralization Amount has been reduced to zero. If, after giving effect to the distribution of the Principal Distribution Amount on any Distribution Date the aggregate Class Certificate Balance of the Offered Certificates exceeds the Pool Principal Balance as of the end of the related Due Period, such excess will be allocated against the Class B-3, Class B-2, Class B-1, Class M-6, Class M-5, Class M-4, Class M-3, Class M-2 and Class M-1 Certificates, in that order and until the respective Class Certificate Balances thereof are reduced to zero.

  • Shortfall If, on any date, the Outstanding Advances shall exceed the Maximum Advance Amount (such excess, the "Shortfall Amount"), then the Customer shall on such date prepay the Outstanding Advances in an amount equal to such Shortfall Amount.

  • Reduction of Servicing Compensation in Connection with Prepayment Interest Shortfalls In the event that any Mortgage Loan is the subject of a Prepayment Interest Shortfall, the Servicer shall, from amounts in respect of the Servicing Fee for such Distribution Date, deposit into the Collection Account, as a reduction of the Servicing Fee for such Distribution Date, no later than the Servicer Remittance Date immediately preceding such Distribution Date, an amount up to the Prepayment Interest Shortfall; provided that the amount so deposited shall not exceed the Compensating Interest for such Distribution Date. In case of such deposit, the Servicer shall not be entitled to any recovery or reimbursement from the Depositor, the Trustee, the Issuing Entity or the Certificateholders. With respect to any Distribution Date, to the extent that the Prepayment Interest Shortfall exceeds Compensating Interest (such excess, a "Non-Supported Interest Shortfall"), such Non-Supported Interest Shortfall shall reduce the Current Interest with respect to each Class of Certificates, pro rata based upon the amount of interest each such Class would otherwise be entitled to receive on such Distribution Date. Notwithstanding the foregoing, there shall be no reduction of the Servicing Fee in connection with Prepayment Interest Shortfalls related to the Relief Act or bankruptcy proceedings and the Servicer shall not be obligated to pay Compensating Interest with respect to Prepayment Interest Shortfalls related to the Relief Act or bankruptcy proceedings.

  • Available Funds $ 5,439,225.01 ---------------

  • Compensating Interest The Servicer shall remit to the Trustee on each Remittance Date an amount from its own funds equal to the Compensating Interest payable by the Servicer for the related Distribution Date.

  • Insufficient Insurance Proceeds If the cost of the repair or restoration of the applicable Facility exceeds the amount of insurance proceeds received by Landlord and Tenant pursuant to Section 9.1, Tenant shall give Landlord Notice thereof which notice shall set forth in reasonable detail the nature of such deficiency and whether Tenant shall pay and assume the amount of such deficiency (Tenant having no obligation to do so, except that, if Tenant shall elect to make such funds available, the same shall become an irrevocable obligation of Tenant pursuant to this Agreement). In the event Tenant shall elect not to pay and assume the amount of such deficiency, Landlord shall have the right (but not the obligation), exercisable at Landlord’s sole election by Notice to Tenant, given within sixty (60) days after Tenant’s notice of the deficiency, to elect to make available for application to the cost of repair or restoration the amount of such deficiency; provided, however, in such event, upon any disbursement by Landlord thereof, the Minimum Rent shall be adjusted as provided in Section 3.1.1(c). In the event that neither Landlord nor Tenant shall elect to make such deficiency available for restoration, either Landlord or Tenant may terminate this Agreement with respect to the affected Property by Notice to the other, whereupon, this Agreement shall so terminate and insurance proceeds shall be distributed as provided in Section 10.2.1. It is expressly understood and agreed, however, that, notwithstanding anything in this Agreement to the contrary, Tenant shall be strictly liable and solely responsible for the amount of any deductible and shall, upon any insurable loss, pay over the amount of such deductible to Landlord at the time and in the manner herein provided for payment of the applicable proceeds to Landlord.

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