Failure of Supply definition

Failure of Supply shall have the meaning set forth in Section 7.2(d)(i).
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Failure of Supply means a failure of supply by PHC as defined at Section 5.
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Failure of Supply means (i) MacroPore's failure, for any reason other than Force Majeure, to deliver any Product ordered in accordance with the provisions of Article 5 by the date scheduled for delivery thereof, including but not limited to a failure to deliver Product which conforms to the Specifications therefor, which failure is not cured within one month after MacroPore is notified of such failure, or (ii) MacroPore's failure due to Force Majeure to deliver any Product ordered in accordance with the provisions of Article 5 by the date scheduled for delivery thereof, including but not limited to a failure to deliver Product which conforms to the Specifications therefor, which failure is not cured within three months after MacroPore is notified of such failure.
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Examples of Failure of Supply in a sentence

  • Medtronic may not exercise such license unless and until the occurrence of a Failure of Supply.

  • Upon a Failure of Supply, Medtronic shall have the right to exercise its license rights granted pursuant to Section 11.4 below to manufacture and sell such Developed Product (but not any other Developed Product) itself or have such Product manufactured by others.

  • Upon a Failure of Supply, Medtronic shall have the right to exercise its license rights granted pursuant to Section 13.4 below to manufacture and sell such Product (but not any other Product) itself or have such Product manufactured by others.

  • If AstraZeneca terminates this Agreement pursuant to Sections 12.5.2 (Failure of Supply), Section 19.3.1 (If Abraxis Fails to Meet Detail Minimum), 21.2.1(c) (Regulatory Withdrawal of Product), 21.2.1(d) (Violation of Law) or 21.2.1(e) (IP Infringement), then Abraxis shall refund to AstraZeneca an amount equal to the Larger Clawback Amount within sixty (60) days of the effectiveness of such termination.

  • To the extent permitted by applicable regulations, upon a Failure of Supply, PHC will assist the Second Source in securing all necessary rights under the Regulatory Approvals.

  • PHC’s failure to fulfill any outstanding Purchase Orders or to supply Compositions to Eden, or PHC’s suspension of its performance under this Agreement, due to Eden’s uncured material breach shall not constitute a Failure of Supply.

  • Notwithstanding the foregoing, Eden may terminate this Agreement at any time, with or without cause, provided a Failure of Supply is not then in effect, by giving not less than thirty (30) days’ written notice to PHC.

  • Upon any second Failure of Supply (other than a Failure of Supply described in Section 7.06(b) below), if Nycomed has exercised its right to obtain a license to Manufacture under Section 6.06(a) above, the Royalty payable by Nycomed hereunder shall be reduced to [CONFIDENTIAL TREATMENT REQUESTED] /*/% of the Royalty originally payable hereunder.

  • Any Failure of Supply initiated under this Section 5 may be terminated as follows: (a) at the sole option and election of Eden, a Second Source may be terminated and the rights granted under this Section 5 concluded; or (b) upon the mutual agreement of the parties, PHC may resume production and supply of the Compositions under the terms of this Agreement and any corresponding rights of the Second Source will be terminated by Eden.

  • Notwithstanding the foregoing, in the event PHC assigns any part of its business or obligations in any manner that prevents Eden from having adequate supply of or ability to purchase the Compositions, such event will be deemed a Failure of Supply as of the effective date of such assignment by PHC, and the provisions of Section 5 herein will apply.


More Definitions of Failure of Supply

Failure of Supply means (i) MacroPore's failure, for any reason other than Force Majeure, to deliver any Developed Product ordered in accordance with the provisions of Article 5 by the date scheduled for delivery thereof, including but not limited to a failure to deliver Developed Products which conforms to the Specifications therefor, which failure is not cured within two months after MacroPore is notified of such failure, (ii) MacroPore's failure due to Force Majeure to deliver any Developed Product ordered in accordance with the provisions of Article 5 by the date scheduled for delivery thereof, including but not limited to a failure to deliver Developed Product which conforms to the Specifications therefor, which failure is not cured within three months after MacroPore is notified of such failure, or (iii) MacroPore's failure on any five occasions within any 24-month period, for any reason other than Force Majeure, to deliver any Developed Product ordered in accordance with the provisions of Article 5 within 30 days after the respective dates scheduled for delivery thereof, including but not limited to a failure to deliver Developed Product which conforms to the Specifications therefor.
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Failure of Supply means (i) MedAmicus' failure, for any reason other than Force Majeure, to provide Product under the terms of this Agreement (failure to provide product, for purposes of this paragraph, means that MedAmicus fails to provide full quantity of product scheduled on a Medtronic purchase order within ten (10) days of the scheduled delivery date three (3) or more times within any 6-month period), (ii) MedAmicus' failure due to Force Majeure to deliver any Product ordered in accordance with the provisions of this Agreement by the date scheduled for delivery thereof, including but not limited to a failure to deliver Product which conforms to the Specifications therefor, which failure is not cured within three (3) months after MedAmicus is notified of such failure, (iii) MedAmicus is prevented from delivering Product as a result of bankruptcy, business failure, or similar event, or (iv) if MedAmicus materially breaches this Agreement and does not cure such breach within thirty (30) days after notice by Medtronic.
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Failure of Supply means a failure of Lynx to supply at least [REDACTED] of Xxxxxxx Pharma's and its Affiliates' binding forecasted requirements, pursuant to Article 6 hereof, of Products for use in the Field (or actual orders, if less) for delivery in the immediately preceding calendar quarter, and at least [REDACTED] of Xxxxxxx Pharma's and its Affiliates' binding forecasted requirements of Products (or actual orders, if less) that are due for delivery up to such date during the current calendar quarter, which failure is caused by an event of force majeure.
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Failure of Supply means a failure of NeoRx to supply at least [ * ] of Xxxxxxx Pharma's binding orders for Drug Product pursuant to Section 6.4 for delivery in the immediately preceding [ * ], which failure is caused by Force Majeure.
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Failure of Supply means a total failure by the Sellers to supply any Gas at the Point of Delivery for a period of at least [THIS PARAGRAPH CONTAINS CONFIDENTIAL INFORMATION WHICH HAS BEEN OMITTED, BUT FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION.] consecutive hours.
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Related to Failure of Supply

  • Scope of Supply means the agreed Goods and/or Services to be delivered or performed under the Con- tract as set out in the Contract.

  • UNICEF Supply Website means UNICEF's public access webpage available at http://www.unicef.org/supply/index_procurement_policies.html, as may be updated from time to time.

  • Shortage means that a grain dealer does not have a sufficient amount of farm produce by class and quality to cover the grain dealer's outstanding warehouse receipt obligations for that farm produce.

  • Self-Supply means Capacity Resources secured by a Load-Serving Entity, by ownership or contract, outside a Reliability Pricing Model Auction, and used to meet obligations under this Attachment or the Reliability Assurance Agreement through submission in a Base Residual Auction or an Incremental Auction of a Sell Offer indicating such Market Seller’s intent that such Capacity Resource be Self-Supply. Self-Supply may be either committed regardless of clearing price or submitted as a Sell Offer with a price bid. A Load Serving Entity's Sell Offer with a price bid for an owned or contracted Capacity Resource shall not be deemed “Self- Supply,” unless it is designated as Self-Supply and used by the LSE to meet obligations under this Attachment or the Reliability Assurance Agreement.

  • Self Supply LSE means a Load Serving Entity in one or more Mitigated Capacity Zones that operates under a long-standing business model to meet more than fifty percent of its Load obligations through its own generation and that is (i) a municipally owned electric system that was created by an act of one or more local governments pursuant to the laws of the State of New York to own or control distribution facilities and/or provide electric service, (ii) a cooperatively owned electric system that was created by an act of one or more local governments pursuant to the laws of State of New York or otherwise created pursuant to the Rural Electric Cooperative Law of New York to own or control distribution facilities and/or provide electric service, (iii) a “Single Customer Entity,” or (iv) a “Vertically Integrated Utility.” A Self Supply LSE cannot be an entity that is a public authority or corporate municipal instrumentality created by the State of New York (including a subsidiary of such an authority or instrumentality) that owns or operates generation or transmission and that is authorized to produce, transmit or distribute electricity for the benefit of the public unless it meets the criteria provided in section (i), (ii), or (iii) of this definition. For purposes of this definition only: “Vertically Integrated Utility” means a utility that owns generation, includes such generation in a non-bypassable charge in its regulated rates, earns a regulated return on its investment in such generation, and that as of the date of its request for a Self Supply Exemption, has not divested more than seventy-five percent of its generation assets owned on May 20, 1996; and “Single Customer Entity” means an LSE that serves at retail only customers that are under common control with such LSE, where such control means holding 51% or more of the voting securities or voting interests of the LSE and all its retail customers.

  • Third Party Manufacturer means any person, firm or company which carries out the reproduction of Work and/or manufactures and/or prints the Licensed Publication on behalf of the Licensee;

  • Manufacturing Facility means buildings and structures, including machinery and equipment, the primary purpose of which is or will be the manufacture of tangible goods or materials or the processing of such goods or materials by physical or chemical change.

  • Supply “Provide” shall mean supply and pay for and provide and pay for.

  • Third Party Supplier means a third party manufacturer and/or licensor of Products.

  • Electricity supplier means any person, including aggregators, market aggregators, brokers, and marketers, offering to sell electricity to retail customers in the state of Montana.

  • Manufacturing Facilities means facilities engaged in the mechanical or chemical transformation of materials or substances into new products and shall include:

  • area of supply means the area within which a distribution licensee is authorised by his licence to supply electricity;

  • Nonconforming structure means a structure the size, dimension

  • Support Services means support in relation to the use of, and the identification and resolution of errors in, the Hosted Services, but shall not include the provision of training services;

  • Unavailability (or “Unavailable”) the Flexibility Services, in accordance with the Service Requirements, are not Available to be delivered to the Company; “Utilisation Instruction” an instruction by the Company to the Provider to deliver Flexibility Services;

  • Third Party Material means software, software development tools, methodologies, ideas, methods, processes, concepts and techniques owned by, or licensed to a third party and used by the Service Provider in the performance of the Services;

  • Third Party Materials means materials and information, in any form or medium, including any software, documents, data, content, specifications, products, equipment or components of or relating to the Services that are not proprietary to NCIT.

  • Contract Manufacturer means a company that produces goods under contract for another company under the label or brand name of that company.

  • Force Majeure Report means a report to be given by the Affected Party to the other party following the giving of a Force Majeure Notice;

  • Default Supplier means a Retailer appointed by EDTI pursuant to section 3 of the RRR Regulation;

  • Supply Agreement has the meaning set forth in Section 7.1.

  • Force Majeure Notice means a notice to be given by the Affected Party to the other party stating that a Force Majeure Event has occurred;

  • Application Services means the hosted applications and related services as described in Exhibit A.

  • Electricity Supply Code means the Electricity Supply Code specified under section 50;

  • point of supply means the point determined by the Municipality or any duly authorised official of the Municipality at which electricity is supplied to any premises by the Municipality;

  • Respite care means care anticipated to be provided for a period of 28 days or less for the purpose of temporarily relieving a family member or other caregiver from his or her daily caregiv- ing duties.