Supply Deficiency Sample Clauses

Supply Deficiency. If there is a Supply Deficiency, XXXX shall immediately notify CLIENT and XXXX may, in its sole discretion, take one or more of the following steps to remedy any remaining Supply Deficiency: (i) Utilize any production capacity which is not then committed to the performance of the Services or to performance of services for third party customers; (ii) Utilize suitable production capacity (i.e., fully validated for production of Batches of the Product in accordance with this Agreement) of XXXX or its Affiliates not then committed to third party customers; and (iii) Coordinate and cooperate with CLIENT to reschedule Batches of Product ordered hereunder in order to maximize XXXX’x ability to rectify the Supply Deficiency while minimizing the disruption to any open orders and any commitments to third party customers.
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Supply Deficiency. If there is a Supply Deficiency, Catalent shall promptly notify Client in writing and Catalent may, in its sole discretion, take one or more of the following steps: 3.8.1.1 utilize suitable production capacity of Catalent or one of its Affiliates (provided that such Affiliate is registered in the applicable BLA or MAA for the Product) not then committed to third party customers; and 3.8.1.2 coordinate and cooperate with Client to reschedule Batches of Product ordered hereunder in order to maximize Catalent’s ability to rectify the Supply Deficiency while minimizing the disruption to any Purchase Order and Firm Order then in force and any commitments to third party customers. Catalent shall notify Client in writing within [***] business days of its initial notice of a Supply Deficiency of Catalent’s new proposed Product Availability Date for each affected order of Product, provided that if such date is not within [***] days of the original Product Availability Date for such order, then Client may cancel such order by written notice to Catalent and shall no further obligation to Catalent with respect to such order or any unused production slots due to such cancellation.
Sample 1
Supply Deficiency. If there is a Supply Deficiency, then, as mutually agreed with Client, Xxxxxx shall, at Althea’s cost, promptly take one or more of the following steps to remedy the Supply Deficiency: (i) increase the manufacturing time and the length of a manufacturing campaign at the Facility in order to Produce and deliver to Client additional Client Product that meet the requirements under this Agreement to remedy the Supply Deficiency (“Deficiency Cure Product”); (ii) make available and utilize the next reasonably available slot of manufacturing and production at the Facility (but in any event, within [**] days) to deliver to Client Deficiency Cure Product; (iii) coordinate and cooperate with Client to re-schedule Production and delivery of Client Product ordered hereunder in order to maximize Althea’s ability to Produce and deliver to Client Deficiency Cure Product while minimizing the disruption of manufacture at the Facility then in force and any contractual commitments to Third Party customers; and (iv) use commercially reasonable efforts to otherwise remedy the Supply Deficiency by utilizing and dedicating excess capacity not contractually committed to Third Party customers to Produce and deliver Deficiency Cure Product and to reserve such capacity for Client’s requirements until the issues surrounding the Supply Deficiency have been remedied to Client’s satisfaction. Xxxxxx shall bear any incremental cost of any such cure or attempted cure beyond the Purchase Price, including, but not limited to, any overtime labor costs Xxxxxx that may be required to increase Facility output to meet its requirements under this Section 5.5(b).
Sample 1
Supply Deficiency. If Seller fails to supply the quantities of Gas it is obligated to deliver pursuant to the provisions of Section 2.1.1 on any Day, Seller shall notify Buyer as soon as practicable after Seller becomes aware of the quantity that it will fail or failed to supply and, if a Supply Deficiency results from the following computation, Seller agrees to reimburse Buyer the Supply Deficiency Charge as set forth in Section 2.4.
Sample 1
Supply Deficiency. If there is a Supply Deficiency, Xxxxx will immediately notify Spectrum and will fulfill Spectrum’s Purchase Orders under this Agreement no less favorably than that of any other client or the Products Produced for Hanmi’s internal use and cooperate with Spectrum in taking all actions that are reasonably necessary in order to remedy the Supply Deficiency. In addition, the Parties agree to discuss a resolution to the Supply Deficiency and, if a resolution reasonably satisfactory to Spectrum cannot be reached following a [***] cure period, then Spectrum will have the right to: 1.1.1.1 cancel, maintain, or decrease any outstanding Purchase Order that is beyond the portion of the order that Xxxxx was able to timely produce, without any liability to Hanmi; or 1.1.1.2 require Hanmi, at its expense and risk, to deliver to Spectrum’s designee all Components; or 1.1.1.3 negotiate with Xxxxx in further detail a possible remedy plan for the supply deficiency; and 1.1.1.4 should the Parties fail to reach a resolution under any provision above, said dispute shall be resolved per the dispute resolution process stipulated under Section 10.4 of this Agreement.
Sample 1

Related to Supply Deficiency

  • 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.

  • 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.

  • 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.

  • Borrowing Base Deficiency (i) Other than as provided in clause (ii) below, if the aggregate outstanding amount of the Advances plus the Letter of Credit Exposure ever exceeds the lesser of the (y) Borrowing Base and (z) the aggregate Commitments, the Borrower shall, after receipt of written notice from the Administrative Agent regarding such deficiency, take any of the following actions (and the failure of the Borrower to take such actions to remedy such Borrowing Base deficiency shall constitute an Event of Default): (A) prepay Advances or, if the Advances have been repaid in full, make deposits into the Cash Collateral Account to provide cash collateral for the Letter of Credit Exposure, such that the Borrowing Base deficiency is cured within 10 Business Days after the date such deficiency notice is received by the Borrower from the Administrative Agent; (B) pledge as Collateral for the Obligations additional Oil and Gas Properties acceptable to the Administrative Agent and each of Lenders such that the Borrowing Base deficiency is cured within 30 days after the date such deficiency notice is received by the Borrower from the Administrative Agent; (C) (i) deliver, within 10 Business Days after the date such deficiency notice is received by the Borrower from the Administrative Agent, written notice to the Administrative Agent indicating the Borrower’s election to repay the Advances and make deposits into the Cash Collateral Account to provide cash collateral for the Letters of Credit, each in five monthly installments equal to one-fifth of such Borrowing Base deficiency with the first such installment due 30 days after the date such deficiency notice is received by the Borrower from the Administrative Agent and each following installment due 30 days after the preceding installment and (ii) make such payments and deposits within such time periods; provided that, the Borrowing Base deficiency cure permitted under this clause (C) shall not be available to the Borrower unless, concurrent with the written notice delivered to the Administrative Agent electing this option, the Borrower shall have delivered to the Administrative Agent a calculation of the Borrower’s consolidated cash flow forecast and financial projections which demonstrates, to the Administrative Agent’s satisfaction, the Borrower’s ability to make each such installment payments and to otherwise pay its other Debt and trade accounts payable as they become due; or (D) (i) deliver, within 10 Business Days after the date such deficiency notice is received by the Borrower from the Administrative Agent, written notice to the Administrative Agent indicating the Borrower’s election to combine the options provided in clause (B) and clause (C) above, and also indicating the amount to be prepaid in installments and the amount to be provided as additional Collateral, and (ii) make such five equal consecutive monthly installments and deliver such additional Collateral within the time required under clause (B) and clause (C) above. (ii) Upon each reduction of the Borrowing Base, if any, resulting from a Borrowing Base redetermination made under Section 2.02(c)(ii) or (iii), if the aggregate outstanding amount of the Advances plus the Letter of Credit Exposure exceeds the lesser of the (y) Borrowing Base and (z) the aggregate Commitments, then the Borrower shall immediately prepay the Advances or, if the Advances have been repaid in full, make deposits into the Cash Collateral Account to provide cash collateral for the Letter of Credit Exposure, in an amount equal to (A) such portion of the Borrowing Base deficiency resulting from such reduction plus (B) if a Borrowing Base deficiency exists prior to such reduction, then an amount equal to the lesser of (i) the net cash proceeds of the transaction that triggered such Borrowing Base reduction and (ii) such portion of the Borrowing Base deficiency in existence immediately prior to such reduction. (iii) Each prepayment pursuant to this Section 2.05(b) shall be accompanied by accrued interest on the amount prepaid to the date of such prepayment and amounts, if any, required to be paid pursuant to Section 2.12 as a result of such prepayment being made on such date. Each prepayment under this Section 2.05(b) shall be applied to the Advances as determined by the Administrative Agent and agreed to by the Lenders in their sole discretion. The failure of the Borrower to provide a notice of its election within the required 10 days as required in clause (i) above shall be deemed to be an election by the Borrower to take the actions provided in clause (i)(A) above.

  • 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.

  • 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.

  • Cost of remedying Defects Any repair or rectification undertaken in accordance with the provisions of Clause 17.2, including any additional testing, shall be carried out by the Contractor at its own risk and cost, to the extent that such rectification or repair is attributable to: (a) the design of the Project; (b) Plant, Materials or workmanship not being in accordance with this Agreement and the Specifications and Standards; (c) improper maintenance during construction of the Project Highway by the Contractor; and/ or (d) failure by the Contractor to comply with any other obligation under this Agreement.

  • No Event of Loss No Event of Loss with respect to the Airframe or any Engine shall have occurred and no circumstance, condition, act or event that, with the giving of notice or lapse of time or both, would give rise to or constitute an Event of Loss with respect to the Airframe or any Engine shall have occurred.

  • What if a Prohibited Transaction Occurs If a “prohibited transaction”, as defined in Section 4975 of the Internal Revenue Code, occurs, the Xxxxxxxxx Education Savings Account could be disqualified. Rules similar to those that apply to Traditional IRAs will apply.

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