Supply Shortfall Sample Clauses

Supply Shortfall. In the event Provider does not deliver Conforming Steam to the Steam Delivery Point in accordance with the Minimum Steam Supply Obligation then Provider shall credit to Off-Taker (in accordance with the provisions of Section 3.6(c)(iii)) as liquidated damages, and not as a penalty, ***** percent (*****%) of the Feed Water Processing Fee in respect of shortfalls in the delivery of Conforming Steam at the Minimum Steam Supply Obligation (such shortfall being measured in Net MMBTUs). The Parties acknowledge that the foregoing liquidated damages are a reasonable estimation of the actual damages that would be incurred by Off-Taker in the event of any such occurrence.

Supply Shortfall. Should Baxter be precluded from supplying all or part of the Tisseel provided for in this Agreement temporarily, indefinitely, or permanently due to acts of God, regulatory measures or law such as, riots, strikes, natural disaster, acts of terrorism shortage of product, lack of batch releases of regulatory authorities, or other cause outside of the reasonable control of Baxter, then this Agreement shall be suspended to the extent necessary and for the time necessary to allow for the remedy of the situation causing the disruption of sale or use of the product. Buyer agrees that in such events Baxter, without liability to Buyer, may allocate products among all of its customers. In the event the supply shortfall exceeds an aggregate of sixty (60) days, Buyer may terminate this Agreement by written notice of such termination at least thirty (30) days prior to the termination date. Should Baxter become unable, for any reason, to supply the Tisseel to Buyer, or if it changes the characteristics of the Tisseel so that Buyer has to purchase the Tisseel from another supplier, Baxter shall assist Buyer in such a transition phase, including all assistance required vis a vie the FDA.

Supply Shortfall. In the event Provider does not deliver Conforming Steam or Near-Conforming Steam, during the Conforming Steam Discount Period, to the Steam Delivery Point in accordance with the Minimum Steam Supply Obligation then Provider shall credit to Off-Taker (in accordance with the provisions of Section 3.6(c)(iii)) as liquidated damages, and not as a penalty, ***** of the Feed Water Processing Fee in respect of shortfalls in the delivery of Conforming Steam or Near-Conforming Steam, during the Conforming Steam Discount Period, at the Minimum Steam Supply Obligation (such shortfall being measured in Net MMBTUs). The Parties acknowledge that the foregoing liquidated damages are a reasonable estimation of the actual damages that would be incurred by Off-Taker in the event of any such occurrence.

Supply Shortfall. Provided that Purchaser orders at least the Minimum Purchase Obligation during the Term, in the event that Supplier fails to supply any or all of the Product ordered by Purchaser, such quantity of Product ordered by Purchaser but that Supplier fails to supply shall be deducted from the Minimum Purchase Obligation.

Supply Shortfall. In case of an acute supply shortfall, Supplier agrees to provide to Buyer full production capacity, including on weekends and public holidays until the end of the acute supply shortfall.The end of the acute supply shortfall situation must be confirmed by Xxxxx in writing. Buyer reserves the right to chargeits incurred costs to the Supplier if Supplier is responsible for the supply shortfall.

Supply Shortfall. Subject to the provisions of Section 7 of this Agreement, if Seller cannot supply, or reasonably anticipates that it will not be able to supply, the quantities of the Product set forth in a Purchase Order for any reason (a “Supply Shortfall”), Seller shall: a) promptly provide a written notice to Buyer stating in reasonable detail the proposed remedial measures, the date such inability is expected to end and the amount of Product then available for delivery; and b) take commercially reasonable efforts to procure the Product from a third party supplier on the market and then resell the Product to Buyer according to the terms provided herein until all of Buyer’s ordered quantities have been delivered or shall take commercially reasonable efforts to expedite delivery of the Product at Seller’s expense, including the use of air freight where delivery is otherwise greater than ten (10) business delays beyond the terms set forth in the applicable Purchase Order.

Supply Shortfall. In the event of a supply shortfall of a contract manufacturer that is at the time of such shortfall used both by Cytokinetics and by Bayer, the Parties shall, through the JMC and as each Party’s sole exclusive remedy with respect to such shortfall, discuss and coordinate in good faith an appropriate action for supply, [*].

Supply Shortfall. 7 [* * * *]...............................................................................................15 [* * * *]................................................................................................4 TON......................................................................................................4 WABUSH 1% MN FLUX PELLETS................................................................................8 WABUSH 1% MN STANDARD PELLETS............................................................................8 WABUSH 2% MN FLUX PELLETS................................................................................8 WABUSH 2% MN STANDARD PELLETS............................................................................8

Supply Shortfall. 7 [* * * *]..........................................................................................................................................15 [* * * *]............................................................................................................................................4 TON...............................................................................................................................................4 WABUSH 1% MN FLUX PELLETS...............................................................................................8 WABUSH 1% MN STANDARD PELLETS....................................................................................8 WABUSH 2% MN FLUX PELLETS...............................................................................................8 WABUSH 2% MN STANDARD PELLETS....................................................................................8 WABUSH PELLETS......................................................................................................................8 WABUSH PLANT..........................................................................................................................8 [* * * *]............................................................................................................................................4 YEAR.............................................................................................................................................4

Supply Shortfall. If Seller is unable to supply a minimum of [***] of Product in accordance with the terms herein for any reason (a “Supply Shortfall Volume”), then Buyer may purchase replacement Product (“Third Party Product”) to cover the Supply Shortfall Volume. In such event, Seller shall make tankage available to Buyer to store the Third Party Product, provided that, (i) Buyer is not in default of any of the terms of this Agreement or that certain Terminalling Agreement between the Parties dated as of the date hereof, (ii) Buyer provides certificates of quantity and quality from an independent inspector certifying that the Third Party Product conforms to the applicable Specifications; and (iii) such storage needs are consistent with the physical storage capacity of the Seller’s Refinery. In which case, Seller and Buyer shall mutually cooperate to coordinate the delivery of the Third Party Product to [***]. Further, Seller shall reimburse Buyer for Buyer’s Cover Damages (as hereafter defined), if any, incurred as a result of Seller’s non-delivery, unless such non-delivery was due to an event of Force Majeure. “Buyer’s Cover Damages” shall be equal to [***].