Supply Shortage. If, by reason of any of the causes described in this Clause 11 (“Disruption to Delivery”), or by reason of production problems at the FPSO Terminal or reduction of production by a Governmental Authority, a shortage of supply occurs, then Seller has the right to freely withhold, reduce or suspend Deliveries under this Agreement to a level below the nominated quantity for that period as set forth below. Any shortage of supply shall result in Seller first canceling any uncommitted spot volumes. If that is not sufficient to deal with the supply shortage, then any further reduction shall be allocated among Seller’s term customers on a fair and approximately ratable basis. For the purposes hereof, Buyer shall be considered a term buyer of Oil.
Supply Shortage. If there is insufficient clinical supply of Program 1 Antibody or Program 1 Product to satisfy planned or ongoing Clinical Trials in both the United States and the Incyte Territory at any given time, the Party responsible for supplying such clinical supply shall make half of such supply available for the United States and half available for the Incyte Territory (or such other allocation as may be mutually agreed by the Parties).
Supply Shortage. In the event that Santarus and GSK are using the same contract manufacturer for Licensed Products or API and there is any shortage of supply of Licensed Products or API to either Party as a result of a Force Majeure event, the Parties shall promptly meet to seek to agree on an equitable allocation of Licensed Products or API, as applicable, for inside and outside the GSK Territory.
Supply Shortage. In the event of any shortage experienced by GELESIS with respect to any inputs or capacity that may reasonably be expected to affect GELESIS’ ability to satisfy its supply obligations hereunder in respect of a particular month, then GELESIS shall notify RO promptly after it becomes aware of such circumstances that could reasonably be expected to result in any such shortage. GELESIS shall, unless mutually agreed otherwise by the Parties, allocate its available inputs and capacity pro rata amongst the affected Purchase Order(s) and any order of any Third Party dispensing the Product that has been prescribed by a Health Care Provider to an End User in the course of providing medical services to such End User in person. [***].
Supply Shortage. In the event Baxter materially fails to supply the No Charge Paste to Kamada as contemplated in this Agreement, Kamada reserves the right to: manufacture the A1PI finished product for distribution in the Baxter Territory using alternative paste from an alternative raw material supplier or suppliers; provided that all regulatory requirements and Specifications for the A1PI finished product are met. In such event, the transfer price charged to Baxter shall be adjusted to reflect the actual incremental costs (if any) incurred by Kamada for such alternative paste; provided, however, that in no event shall the transfer price exceed [*****] of the then prevailing Market Price for A1PI finished product.
Supply Shortage. If there is a shortage of any Licensed Product, then without limiting Avigen’s entitlement to have its orders under Supply Terms Section 2.3 filled to the full extent they do not exceed [*] of the applicable forecast under such Supply Terms Section, Avigen shall be entitled to be supplied with at least a proportionate share of the available quantities of Licensed Products. Such proportionate share shall be calculated based on (a) Avigen’s historical orders relative to the total of Avigen’s, SDI’s and SDI’s Other Licensees’ orders (or usage) in the year leading up to the shortage, or (b) if Avigen had not yet Commercially Launched the affected Licensed Product at least [*] prior to the shortage, the US market size, relative to the size of the market in the countries where SDI and its Other Licensees have Regulatory Approval for such Licensed Product.
Supply Shortage. A “Supply Shortage” shall be deemed to have taken place if quantities of Conforming Product supplied by Halo to Client are either [*****]. A Supply Shortage shall be considered a material breach of this Agreement, but such breach shall be deemed cured upon tender of delivery by Halo of Conforming Product within the applicable cure period.
Supply Shortage. If, at any time, ARMSTRONG’s supply of Product P is insufficient to meet total requirements of the Distributor (“Supply Shortage”), ARMSTRONG is entitled to cancel or postpone the delivery of Product P to the Distributor on its own discretion. In such situation XXXXXXXXX shall not be liable to the Distributor for any claims, losses, damages or expenses related to any failure by ARMSTRONG to supply, including without limitation any direct, indirect, special, incidental or consequential claims, losses, damages or expenses (including without limitation any cost of cover or lost revenues or profits), whether or not the possibility or extent of any such damages are foreseen or foreseeable. After such Supply Shortage has occurred, the Parties will meet together as soon as practicable and engage in friendly discussions in order to allow ARMSTRONG to recover such Supply Shortage within a reasonable period of time. 供应短缺。如果在任何时候，XXXXXXXXX供应的产品P不足以满足经销商的全部要求（以下简称“供应短缺”），ARMSTRONG有权自行决定取消或推迟向经销商交付产品P。在这种情况下，ARMSTRONG不对经销商承担与ARMSTRONG供应失败有关的任何索赔、损失、损害或费用，包括但不限于任何直接、间接、特殊、附带或后果性索赔、损失、损害或费用（包括但不限于任何保险费用或收入或利润损失），无论任何此类损害的可能性或程度是否已预见或 可预见。在供应短缺问题发生后，双方将在可行的情况下尽快会晤并进行友好协商，以便XXXXXXXXX在合理的时间内补足供应短缺。
Supply Shortage. In the event of a shortage of supply of the Licensed Product, whether due to a force majeure event or otherwise, Company shall allocate supplies of Licensed Product to Licensee for its Development and Commercialization efforts on a pro rata basis based off of Licensee’s remaining binding forecast under the Non-Commercial Supply Agreement and Commercial Supply Agreement and actual demand at the time of such supply; provided that in the event of a shortage of clinical supply of the Licensed Product to Licensee, Company shall (a) use Commercially Reasonable Efforts, to the extent reasonably practical, to convert any Licensed Products manufactured by Company or on Company’s behalf for Commercialization by any party to the Licensed Products that can be used by Licensee for Development in the Territory and (b) supply such converted Licensed Products to Licensee in accordance with the Non- Commercial Supply Agreement. For clarity, in the event that Company determines that supply of the Licensed Product to Licensee for Commercialization based off of the remaining binding forecast and actual demand constitutes [***] percent ([***]%) of all Licensed Product manufactured by Company or on Company’s behalf, Licensee shall be allocated [***] percent ([***]%) of all Licensed Product during such shortage, subject to reasonable adjustment from time to time due to changes in forecast and actual demand.
Supply Shortage. (a) Any term or provision of this Agreement to the contrary notwithstanding, if MPC anticipates a shortage of Products, crude oil, raw materials or refining capacity, whether its own, or its other regular sources of supply, or in the industry generally, which MPC in its sole discretion determines will require a limitation generally on the type or quantities of Products to be supplied hereunder, or if such a limitation is recommended or imposed by any governmental authority whether or not ultimately held to be valid, [***]. _________________ [***] Confidential treatment requested pursuant to a request for confidential treatment filed with the Securities and Exchange Commission. Omitted portions have been filed separately with the Commission.
(b) [***].
(c) In any month in which MPC institutes measures pursuant to Section 4.1(a), the Exhibit A Volume will apply only on a pro rata basis to those days of the month in which the allocation is not in effect. The Exhibit A Volume in any month following the month in which such measures cease shall be as provided in this Agreement.
