Common use of Test Shortage and/or Supply Interruption Clause in Contracts

Test Shortage and/or Supply Interruption. 4.5.1 If Veracyte is unable to meet the volume of requisitions for the Test in any Country in the Territory, Veracyte shall allocate supply of the Test among all Countries where the Test is sold in a fair and equitable manner as reasonably determined by Veracyte. If any such allocation would lead to a material shortage of the Test in a particular Country in the Territory, the implications thereof in terms of the promotional, marketing and detailing efforts of each party under this Agreement shall be discussed and decided by the Steering Committee as soon as practicable. 4.5.2 In case of a long term inability of Veracyte to provide the Test in any Country in the Territory, each party is entitled, pending a decision by the Steering Committee in accordance with Section 4.5.1 above, to unilaterally decrease its promotional, marketing and detailing efforts under this Agreement in that particular Country in a way that is fair and proportionate to the shortage or interruption, given the nature and the anticipated duration of the shortage or interruption.

Appears in 2 contracts

Samples: Co Promotion Agreement (Veracyte, Inc.), Co Promotion Agreement (Veracyte, Inc.)

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Test Shortage and/or Supply Interruption. 4.5.1 If Veracyte is unable to meet the volume of requisitions for the Test in any Country in the Territory, Veracyte shall allocate supply of the Test among all Countries countries where the Test is sold in a fair and equitable manner as reasonably determined by Veracyte. If any such allocation would lead to a material shortage of the Test in a particular Country in the Territory, the implications thereof in terms of the promotional, marketing and detailing efforts of each party under this Agreement shall be discussed and decided by the Steering Committee as soon as practicable. 4.5.2 In case of a long term inability of Veracyte to provide the Test in any Country in the Territory, each party is entitled, pending a decision by the Steering Committee in accordance with Section 4.5.1 above, to unilaterally decrease its promotional, marketing and detailing efforts under this Agreement in that particular Country the Territory in a way that is fair and proportionate to the shortage or interruption, given the nature and the anticipated duration of the shortage or interruption.

Appears in 1 contract

Samples: u.s. Co Promotion Agreement (Veracyte, Inc.)

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Test Shortage and/or Supply Interruption. 4.5.1 If Veracyte is unable to meet the volume of requisitions for the Test in any Country in the TerritoryCountry, Veracyte shall allocate supply of the Test among all Countries where the Test is sold in a fair and equitable manner as reasonably determined by Veracyte. If any such allocation would lead to a material shortage of the Test in a particular Country in the TerritoryCountry, the implications thereof in terms of the promotional, marketing and detailing efforts of each party under this Agreement shall be discussed and decided by the Steering Committee as soon as practicable. 4.5.2 In case of a long term inability of Veracyte to provide the Test in any Country in the TerritoryCountry, each party is entitled, pending a decision by the Steering Committee in accordance with Section 4.5.1 above, to unilaterally decrease its promotional, marketing and detailing efforts under this Agreement in that particular Country in a way that is fair and proportionate to the shortage or interruption, given the nature and the anticipated duration of the shortage or interruption.

Appears in 1 contract

Samples: Co Promotion Agreement (Veracyte, Inc.)

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