Supply Deficiencies Sample Clauses

Supply Deficiencies. 3.4.1 If there is a Supply Deficiency, Xxxx shall promptly notify Dyax, and Xxxx may take one or more of the following steps to remedy any remaining Supply Deficiency: (i) utilize suitable production capacity of Xxxx or its Affiliates not then committed to third party customers; and (ii) coordinate and cooperate with Dyax to reschedule Batches of Drug Product ordered hereunder in order to maximize Xxxx’x ability to rectify the Supply Deficiency while minimizing the disruption to any Purchase Order and/or Work Order then in force with Dyax and other third party customers. 3.4.2 The provisions of this Section 3.4 (“Supply Deficiencies”) shall be the sole liability of Xxxx and sole remedy of Dyax with respect to any Supply Deficiency. Dyax shall not be entitled to cancel any unfulfilled part of the Production and/or Firm Order or to refuse to accept the Production and/or Firm Order on grounds of late performance, late delivery or failure to produce the estimated quantities of Drug Product for Delivery.
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Supply Deficiencies. This Section 3.4 shall apply only if Oglethorpe Power has elected, for the current Year, to declare interruptible loads as supplemental operating reserves pursuant to Section 11.6(c) herein. (a) If, at any time during the Term of this Agreement, Georgia Power or its agent determines that it is necessary or appropriate to take action to eliminate a power supply deficiency in the Southern Control Area, and directs Oglethorpe Power to participate in the elimination of such deficiency, Oglethorpe Power agrees to take reasonable corrective measures as appropriate, including, without limitation, load shedding and operations at valves wide open and overpressure, unless Oglethorpe Power reasonably determines that such operation will be detrimental to the reliability of the unit or Oglethorpe Power's system. Oglethorpe Power may sell any energy surpluses resulting from operation at valves wide open and overpressure to Southern Companies at market rates. Load shedding shall be coordinated with Georgia Power and shall be implemented on a pro rata basis, as nearly as practicable, among Oglethorpe Power, Georgia Power and other ITS participants based on each ITS participant's non-coincident peak load ratio, as defined in the Revised ITSA, of the quantities assigned to the ITS (consistent with the IIC allocation procedures for the Southern Control Area on file at the FERC), and shall be subject to the following curtailment priorities: (1) non-firm third-party deliveries and interruptible native load deliveries; and (2) firm load deliveries. (b) To the extent action under this Section causes energy surpluses or Regulation Energy Variance, as described in Article XII and Section 11.4, respectively, Georgia Power agrees to waive any Regulation Energy Variance charges, and such Hours shall be excluded from the determination of Commitment Cost under Section 12.4 of this Agreement. In addition, during the period of such curtailment, Georgia Power shall credit Oglethorpe Power for any surplus energy associated with such curtailment at Territorial Marginal Cost in lieu of the credit determined in accordance with Section 12.5. To the extent Oglethorpe Power curtails non-firm third-party sales under this Section, Georgia Power shall credit Oglethorpe Power for such surpluses at the higher of the rates stated in Section 12.5 or the highest price disclosed by Oglethorpe Power, if any, of curtailed non-firm transactions of Oglethorpe Power. Similarly, to the extent Southern curtails...
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Supply Deficiencies 
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Related to Supply Deficiencies

  • Deficiencies a. The Contractor agrees to cure transactions errors or deficiencies identified by DHCS, and transactions errors or deficiencies identified by an enrolled provider if the Contractor is acting as a clearinghouse for that provider. If the Contractor is a clearinghouse, the Contractor agrees to properly communicate deficiencies and other pertinent information regarding electronic transactions to enrolled providers for which they provide clearinghouse services.

  • Anti-Deficiency Act Pursuant to 31 U.S.C. §1341 nothing contained in this Agreement shall be construed as binding the NPS to expend in any one fiscal year any sum in excess of appropriations made by Congress, for the purposes of this Agreement for that fiscal year, or other obligation for the further expenditure of money in excess of such appropriations.

  • Epidemic Failure “Epidemic Failure” for any particular Product shall mean a failure resulting from defects in material, workmanship, and manufacturing process, including but not limited to the use of Components with known defects. The Epidemic Failure clause shall be invoked [***]. The failure rate may be calculated [***], as determined by BUYER. Epidemic failures do not supersede the requirements of any expressed or implied warranty defined herein. In the case of an epidemic failure, SUPPLIER’s obligation is to propose an action plan to fix the failure of any affected Product within seventy-two (72) hours of discovery. SUPPLIER shall implement this action plan upon BUYER’s acceptance thereof. If the action plan is not acceptable to BUYER, BUYER can require SUPPLIER to repair or replace, at BUYER’s option, the affected Product. In addition to bearing the costs associated therewith, if requested by BUYER, SUPPLIER shall support and provide at SUPPLIER’s expense a sufficient number of units of the Product to permit the field exchange or “hot swap” of Products at customer sites. The parties agree to make all reasonable efforts to complete the repair or replacement of all affected Products within eight (8) Business Days after written notice of epidemic failure by BUYER to SUPPLIER. SUPPLIER also agrees that BUYER will be supported with accelerated shipments of replacement Product to cover BUYER’s supply requirements. If an Epidemic Failure is caused by (i) a design, including a BUYER-provided test process, as required by the Specifications or (ii) a failure by a Component required by the Specifications, (iii) misuse or damage during transit or damage by a third party at no fault of SUPPLIER, SUPPLIER shall perform the obligations in this Section 10.5 and BUYER shall pay to SUPPLIER the fees mutually agreed upon by the parties in writing. If an Epidemic Failure is caused by any other reason other than as set forth in the immediately preceding sentence, SUPPLIER shall perform the obligations set forth in this Section free of charge. Confidential treatment is being requested for portions of this document. This copy of the document filed as an exhibit omits the confidential information subject to the confidentiality request. Omissions are designated by the symbol [***]. A complete version of this document has been filed separately with the Securities and Exchange Commission.

  • Shortages Claims for shortages in the amount of Products shipped by Patheon will be dealt with by reasonable agreement of the parties.

  • Latent Defects Notwithstanding anything to the contrary set forth herein, no acceptance, or deemed acceptance, by City pursuant to this Section shall be applicable with respect to any Latent Defects. An acceptance, or deemed acceptance, by City pursuant to this Section shall not mean that City has accepted, or the other party has been relieved of, responsibility for: (i) compliance with the Laws; (ii) the proper application of construction means or methods; or (iii) correcting any portion of the Project if it later is determined that any portion of the Project is inconsistent with the Final Documents and Drawings.

  • Deficiency Each Grantor shall remain liable for any deficiency if the proceeds of any sale or other disposition of the Collateral are insufficient to pay its Obligations and the fees and disbursements of any attorneys employed by the Administrative Agent or any Lender to collect such deficiency.

  • Epidemic Failure Warranty Supplier warrants all Products against Epidemic Failure for a period of three years after DXC’s Acceptance. Epidemic Failure means the occurrence of the same failure, defect, or non-conformity with an Order in 2% or more of Products within any three-month period.

  • Obtain Deficiency If Lender chooses to sell any or all of the Collateral, Lender may obtain a judgment against Grantor for any deficiency remaining on the Indebtedness due to Lender after application of all amounts received from the exercise of the rights provided in this Agreement. Grantor shall be liable for a deficiency even if the transaction described in this subsection is a sale of accounts or chattel paper.

  • Waiver; Deficiency Each Grantor waives and agrees not to assert any rights or privileges which it may acquire under Section 9-112 of the New York UCC. Each Grantor shall remain liable for any deficiency if the proceeds of any sale or other disposition of the Collateral are insufficient to pay its Obligations and the fees and disbursements of any attorneys employed by the Administrative Agent or any Lender to collect such deficiency.

  • Cash Shortages No employee may be required to make up cash register shortages unless he or she is given the privilege of checking the money and daily receipts upon starting and completing the work shift, and unless the employee has exclusive access to the cash register during the work shift and unless cash is balanced daily, except as specified below. No employee may be required to make up register shortages when Management exercises the right to open the register during the employee's work shift, unless the register is opened in the presence of the employee and the employee is given the opportunity to verify all withdrawals and/or deposits. No employee shall be held responsible for cash shortages unless he or she has exclusive access to his or her cash.

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