Supply Shortages. Without limiting any other rights or remedies available to Prometheus, in the event of any shortage in the supply of any Materials due to a Force Majeure Event or otherwise, GSK shall develop an allocation plan that allows it to substantially meet its obligations to Prometheus and its other customers taking into account required delivery dates, product volumes and anticipated timing of deliveries to GSK of additional quantities of Materials in short supply.
Supply Shortages. Supply of ForeCYTE Products may be disrupted from time to time because of regulatory issues, shortages of raw materials or components or for other reasons beyond the reasonable control of Atossa and in event of such disruption Atossa shall promptly notify the Distributor in writing as soon as practicable of such disruption and provide the estimated time to recommence supply of ForeCYTE Products. The minimum purchases set forth on Exhibit C shall be reduced by the amount of any such shortages.
Supply Shortages. US Bio shall have no obligation to maintain the minimum inventory levels described in Section 5.1 if Product is unavailable from Dyax.
Supply Shortages. In the event that Miles is unable to manufacture sufficient quantities of any Product to meet the requirements for Collaboration Products and Miles’ and Onyx’ Royalty-Bearing Products, the Parties shall meet and discuss in good faith how to overcome such shortage. [ * ] = CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, MARKED BY BRACKETS, HAS BEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 406 OF THE SECURITIES EXCHANGE ACT OF 1933, AS AMENDED.
Supply Shortages. Xxxx will notify VEGAMOUR promptly in writing upon becoming aware of any supply shortage, supply delay, inability to supply or any other interruption or potential interruption in the supply of bSilk Powder hereunder.
Supply Shortages. ASD shall have no obligation to maintain the minimum inventory levels described in Section 5.1 if Product is unavailable from Dyax.
Supply Shortages. In the event of a shortage of Products in Company’s inventory, Company agrees to allocate its available inventory of such Product to Distributor in proportion to Distributor’s percentage of all orders for such Product received from Company’s customers and other distributors, if any, during the immediately preceding ninety (90) day period. In connection therewith, and provided that Distributor delivers prior notice to Company, Distributor may procure and sell products similar to the Products from Third Parties, and/or manufacture and sell such products, but only to the extent of such shortage with respect to applicable Product orders. To the extent such shortages of certain Products result from issues related to FDA regulations, capacity issues, Company’s delivery and/or performance, as determined by Company in its reasonable discretion, Distributor shall not be bound by the terms of this Agreement with respect to the purchase and sale of products similar to such Products obtained from Third Parties or manufactured by Distributor.
Supply Shortages. In the event TESARO becomes aware of anticipated or actual shortages of Single Agent Products or Compound API, TESARO shall [***] notify Company of such shortage. In the event Company reasonably believes that there is an anticipated or actual shortage of Single Agent Products or Compound API, Company shall notify TESARO of such belief. Subject to Section 7.4(c), after either Party gives such notice to the other Party, the JMC shall meet promptly thereafter to (x) determine whether an anticipated or actual shortage exists Confidential 73 and (y) if so, agree upon a mechanism for allocating between the Parties the available quantities of Single Agent Product or Compound API, as applicable (including any Compound API being Manufactured by Company). If the JMC does not agree upon an allocation mechanism within thirty (30) Business Days from the date that Company is notified of such shortage, then the available quantities of Single Agent Product or Compound API, as applicable, shall be allocated in accordance with the following principles: [***]. If the JMC does not reach unanimous agreement on an allocation mechanism within thirty (30) Business Days from the date that Company is notified of such shortage and the JMC does not reach unanimous agreement on a specific allocation mechanism consistent with the foregoing allocation principles within ten (10) Business Days of such thirtieth (30th) Business Day, such matter will be a Deadlocked Committee Matter. Either Party may refer such matter to the JSC for attempted resolution pursuant to the Escalation Procedures. If the matter is not resolved pursuant to the Escalation Procedures, [***]. Notwithstanding the foregoing or anything else in this Agreement to the contrary, in the event of an actual shortage of Single Agent Products or Compound API, during the pendency of any Escalation Procedure initiated under this Section 7.7, to the extent necessary, TESARO may implement an allocation procedure consistent with the allocation principles set forth in this Section 7.7.
Supply Shortages. In the event that any shortage in the quantities of materials or Compound or constraint of Apellis’ or its Affiliates’ or any Third Party’s Manufacturing capacity will or is reasonably likely to affect quantities of Supplied Product (as defined in Schedule 8.6 (Supply Agreement Material Terms)) available to Sobi, Apellis shall not prioritize supply to Apellis (either for the Product or the Non-Systemic Ophthalmology Product) or Third Party(ies), and, as may be more specifically provided for in the Supply Agreement, Apellis shall allocate or cause to be allocated available quantities of materials, Compound or capacity, to ensure that Sobi receives at least its pro rata share, taking into account the needs of patients (including patient safety and the needs of patients relying on supply of Products for life saving purposes).
Supply Shortages. In the event of a Commercial Product shortage, BioGeneriX shall allocate its available supplies and inventory to satisfy the requirements of the Collaboration, before allocating supplies and inventory to other uses. As between the parties, BioGeneriX shall allocate its available supplies of Commercial Product equitably between the orders placed by Neose for the Neose Territory and the requirements of BioGeneriX for the BioGeneriX Territory, so that each party receives the same proportion of its requirements during the shortage, unless another allocation is mutually agreed upon.
