Actual Supply definition
Examples of Actual Supply in a sentence
Actual Supply Start Date in relation to each Supply Point, the first date on or after the Effective Date on which the Supplier is Registered in respect of that Supply Point.
The Supplier shall use all reasonable endeavours to do such things as are necessary to resolve any Notice of Objection raised by the Incumbent Supplier of a Supply Point as soon as is reasonably practicable to minimise any delays to the Actual Supply Start Date for the relevant Supply Point.
The Supplier shall not be liable for any Losses arising out of any late or failed Registration of a Supply Point and any consequential delay in an Actual Supply Start Date for a Supply Point, to the extent such late or failed Registration or such consequential delay is the direct result of a Notice of Objection submitted by the Incumbent Supplier.
Amgen shall pay to Dialysis Center an amount of cash equal to the difference, if any, between (a) the Aggregate Alternative ESA Net Price and (b) the product of (i) (1) WAC in effect for the applicable Quarter of the Actual Supply Shortfall less (2) the Discounts per IU of Available EPOGEN SKU earned by the Dialysis Center Purchasers in such Quarter, multiplied by (ii) the amount of the Actual Supply Shortfall.
The Supplier shall use all reasonable endeavours to resolve any Transfer Objection as soon as reasonably practicable and the Parties shall co-operate and do such things as are necessary to resolve such objection and minimise any delays to the Actual Supply Start Date for the relevant Supply Point.
The Supplier shall not be liable for any claims, proceedings, losses, liabilities, costs (including legal costs), damages or expenses arising out of any late or failed Registration of a Supply Point and any consequential delay in the Actual Supply Start Date for that Supply Point, if such late or failed Registration or such consequential delay is caused by a Transfer Objection submitted by the Incumbent Supplier.
In the event of an Actual Supply Shortfall, the Purchase Commitment shall be reduced by the amount of the aggregate Actual Supply Shortfall.
If there is limited availability of EPOGEN during an Actual Supply Shortfall, Dialysis Center shall use good faith efforts to procure any Alternative ESAs from a Third Party at the lowest commercially reasonable price.
Where there is more than one Supply Point at a Site, the Actual Supply Start Date may be different for some or all of them; and ensure that the Supply shall be provided on a firm basis except for the Supplier's or the Transporter's rights to interrupt, whether as specified in the Managed Registration Information or otherwise, to reduce or to Isolate the Supply.
Except for Lehm▇▇ ▇▇▇thers, no broker, finder or investment banker is entitled to any brokerage, finder's or other fee or commission in connection with the Merger or any of the other transactions contemplated by this Agreement based upon arrangements made by or on behalf of BioStar.