Supplied Product Shortfall Sample Clauses
The Supplied Product Shortfall clause defines the procedures and responsibilities when the supplier fails to deliver the agreed quantity or quality of products. Typically, this clause outlines notification requirements, remedies such as replacement or compensation, and any limitations on liability for shortfalls. For example, if a supplier delivers fewer units than ordered, the clause may require prompt notice and allow the buyer to seek additional deliveries or a price adjustment. Its core function is to allocate risk and provide a clear process for addressing supply deficiencies, thereby minimizing disputes and ensuring business continuity.
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Supplied Product Shortfall. AstraZeneca shall use commercially reasonable efforts to avoid shortfalls in supply of Supplied Products based on the Forecasts provided by Horizon. In the event AstraZeneca is unable to supply to Horizon, in whole or in part, Supplied Products requested for any reason (except to the extent caused by Horizon), then AstraZeneca shall promptly notify Horizon, in writing, of such shortage, or potential shortage, or inability to timely supply Supplied Product and, if possible, the date when AstraZeneca will again be able to supply Supplied Product. AstraZeneca will use commercially reasonable efforts to remedy any shortfall of Supplied Product as soon as practicable and AstraZeneca will allocate its available production capacity at its facility located at [...***...] for the production of Supplied Product in a manner proportional to the utilization of AstraZeneca and Horizon, respectively, of such capacity in the prior [...***...] period and will allocate such Supplied Product on a proportional basis with respect to remaining shelf-life as well; provided, that in connection with any such shortfall, AstraZeneca shall not be required to supply Supplied Product from its own inventories or from orders for Supplied Product for the AstraZeneca Territory ordered pursuant to the [...***...] Agreement or to incur any capital or other expenditures in connection therewith.
Supplied Product Shortfall. Optimer shall use commercially reasonable efforts to avoid shortfalls in supply of Supplied Products based on the Forecasts provided by Partner. Subject to Section 14.2, in the event Optimer is unable to supply to Partner, in whole or in part, Supplied Products requested for any reason (except to the extent caused by Partner), then Optimer shall promptly notify Partner, in writing, of such shortage, or potential shortage, or inability to timely supply Supplied Product and, if possible, the date when Optimer will again be able to supply Supplied Product. Optimer will use commercially reasonable efforts to remedy any shortfall of Supplied Product as soon as practicable and Optimer will allocate its available production capacity for the production of Supplied Product in a manner proportional to the utilization of all customers (including Optimer) of such capacity in the prior […***…] period and will allocate such Supplied Product on a proportional basis with respect to remaining shelf-life as well. In no event shall the delay in any of the Development activity due to supply shortage by Optimer amount to a breach of the License Agreement by Partner.
Supplied Product Shortfall. NUVO shall use commercially reasonable efforts to avoid shortfalls in supply of Supplied Products based on the Forecasts provided by Horizon Pharma. In the event NUVO is unable to supply to Horizon Pharma, in whole or in part, Supplied Products requested for any reason (except to the extent caused by Horizon Pharma), *** Confidential Treatment Requested then NUVO shall promptly notify Horizon Pharma, in writing, of such shortage, or potential shortage, or inability to timely supply Supplied Product and, if possible, the date when NUVO will again be able to supply Supplied Product. NUVO will use commercially reasonable efforts to remedy any shortfall of Supplied Product as soon as practicable and NUVO will allocate its available production capacity at the NUVO Facility for the production of Supplied Product in a manner proportional to the utilization of NUVO (or any Third Party supplied with Product by NUVO) and Horizon Pharma, respectively, of such capacity in the prior […***…] month period and will allocate such Supplied Product on a proportional basis with respect to remaining shelf-life as well.