Supply Allocation. (a) Prior to the occurrence of a Capacity Increase Notice (as defined below), Acusphere agrees to supply Nycomed with all its Binding Purchase Orders for Product, up to the amount set forth in the Updated Unit Forecast. If Nycomed has submitted Binding Purchase Orders in excess of the amount set forth in the Updated Unit Forecast, Acusphere shall use all commercially reasonable efforts to fill those orders.
(b) After the occurrence of a Capacity Increase Notice:
Supply Allocation. To the extent M or an Affiliate of M is responsible for the distribution and supply of Cholesterol Products in countries in the EMEA or XXXX (other than in XXXX Co-Marketing Countries, and Far East Single Presence Countries where S-P has been deemed to have the single presence), each of M and its Affiliates will use commercially reasonable efforts to ensure that the methods used to allocate the supply of Cholesterol Products are the same as the methods used to allocate the supply of other pharmaceutical products supplied by M or its Affiliates in connection with other business in the relevant territory.
Supply Allocation. In the event of a shortage of Product and/or CMV during the Term, Digene shall allocate Product and CMV in a reasonable manner so as to support Abboxx xxx its Affiliates as a supplier of Products and CMV, and at a minimum, Digene shall allocate its manufacturing capability on a unit basis such that Abboxx xxx its Affiliates receive the same percentage of Digene's total output of Products and CMV as Abboxx xxx its Affiliates received on average during the most recent six (6) months prior to the shortage.
Supply Allocation. 44 5.7 Ordering Processing..............................................44 THIS EXHIBIT HAS BEEN REDACTED AND IS THE SUBJECT OF A CONFIDENTIAL TREATMENT REQUEST. REDACTED MATERIAL IS MARKED WITH "*" AND BRACKETS AND HAS BEEN FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION.
Supply Allocation. In the event of Comar’s inability for any reason to supply the total demands for the goods specified in an accepted purchase order, Comar may allocate its available supply among any or all customers, as well as departments and divisions of Comar, on such basis as Comar may deem commercially reasonable and practical, without liability to Customer for any failure of performance that may result therefrom.
Supply Allocation. If NaPro is unable, for any reason beyond its reasonable control (including but not limited to a force majeure event as described in Section 18.1 or an unanticipated increase in demand) to supply Bulk Drug to Abbott under this Agreement and to Third Parties under then existing xxxxxxctual obligations outside the Territory, then NaPro shall establish an allocation procedure with respect to the total available supply of Bulk Drug which will provide the following allocation to Abbott: 8.9.1 First, an amount of Bulk Drug sufficixxx xx satisfy any warranty obligation to replace any nonconforming Bulk Drug due to Abbott at the time of such allocation; provided, however, that if the xxxxx available supply is insufficient to satisfy such obligation to Abbott plus all of NaPro's similar warranty obligations to other purcxxxxxx or users, then this allocation shall be made pro rata among all purchasers or users including Abbott (the pro rata share of each purchaser or user to be determined xx xxltiplying the total
Supply Allocation. In the event of inability for any reason to supply the total demands for the material specified herein, Extreme Molding may allocate its available supply among any or all customers, as well as departments and divisions of Extreme Molding, on such basis as Extreme Molding may deem fair and practical, without liability for any failure of performance that may result therefrom.
Supply Allocation. If Seller has, for any reason, an insufficient supply of Gas to fully satisfy the total delivery nominations of (a) Buyer under this Agreement, (b) other ABC Group customers of Seller under other firm purchase contracts with Seller and (c) other similarly-situated firm sales customers of Seller to whom Seller has heretofore or may hereafter extend contractual supply allocation rights (each of such persons or entities are referred to herein individually as "Supply Allocation Customer" and collectively as "Supply Allocation Customers") and when the provisions of Section 10.1 do not apply, Seller shall notify Buyer of such situation immediately upon obtaining actual knowledge thereof, and shall identify in such notice the anticipated duration of such supply insufficiency. During any such period of supply insufficiency, Seller shall use the following procedures to dispatch and allocate Gas:
(a) Seller shall discontinue deliveries to customers of Seller that are served by interruptible or "at will" sales agreements;
(b) Remaining available gas will be dispatched from the Texas Eastern Supply Allocation Pool to all Supply Allocation Customers in proportion to the respective Nominated Quantity or other quantity requested by each Supply Allocation Customer under the applicable firm gas sales agreement;
(c) Seller will, during periods when the ambient temperature in Pittsburgh, Pennsylvania, as forecasted by Air Science Consultants or such other independent meteorological weather consultant as may be retained by Seller or by a firm affiliated with Seller, equals or exceeds 0 degrees Fahrenheit during any 24-hour period, tender to CNG Transmission for the account of each Supply Allocation Customer a quantity of Back-Up Gas (in addition to such quantities of Reserved Gas and Storage Gas as can then be transported to the city-gate or other point of transfer under the applicable gas sales agreement) equal to the lesser of (a) seventy percent (70%) of the RQ or other maximum daily delivery entitlement in effect under the applicable gas sales agreement or (b) an amount which when combined with the amount of Reserved Gas and Storage Gas (to the extent such Gas can then be withdrawn and transported) delivered by Seller equals the Nominated Quantity or other quantity requested by the Supply Allocation Customer. In the event the forecasted ambient temperature described above is less than 0 degrees Fahrenheit, Seller will tender to CNG Transmission such quantity of Back-Up Ga...
Supply Allocation. Seller will not be required to sell a greater quantity of Goods than it has available or has allocated for the Agreement. If Seller is unable to supply Xxxxx’s total demands for the Goods, Xxxxx agrees that Seller may allocate its available supply among itself, Buyer, and other customers in any manner Seller, in its sole discretion, deems fair and equitable to all parties. XXXXXX IS NEITHER OBLIGATED UNDER ANY CIRCUMSTANCES TO PURCHASE GOODS FROM OTHERS TO MEET XXXXX’S DEMANDS, NOR IS IT LIABLE FOR ANY DAMAGES OR CLAIMS ARISING THEREFROM.
Supply Allocation. At any time following Launch in more than one Country, in the event that (a) the GCC and MSC agree that the availability of the Product shall be insufficient whether due to a shortage of Intermediate, or the Compound or otherwise, to meet the forecasted need for Product for the following Calendar Quarter as determined by the CCCs and aggregated by the GCC, or (b) availability of Product is in fact insufficient to fill orders on an ongoing basis, then the GCC and MSC shall confer to resolve such insufficiency. In the event the GCC and MSC cannot resolve such insufficiency, then (i) there shall be no further Launches of Product in any Country until the insufficiency is eliminated, (ii) to the extent the insufficiency continues, then all safety stock and sampling in any Country where the Product is sold will be utilized in sales in such Country, and (iii) to the extent the insufficiency still continues, then unless otherwise agreed, the available Product shall be allocated to the Countries where the Product is sold in proportion with the then-current forecasted sales for the Product in each such Country.
