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.

  • 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.

  • 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.

  • Failure of Supply (3) The municipality does not undertake to attend to a failure of supply of electricity due to a fault in the electrical installation of the consumer, except when such failure is due to the operation of the service protective device of the municipality.

  • Description: Failure of Supply of Liquid Petroleum Gas due to no deliveries available to replenish supply.

  • Deciding the Course of Action in the Event of Failure of Supply: For deciding on these options the Procuring Authority has to balance the time factor required for making repurchase and whether the supply can be arranged earlier than the period of extension sought for at cheaper rates from alternative sources and in the latter case whether the indenter can reasonably wait to take advantage of lower trend in prices.

  • In the event PHC is unable or unwilling to provide to Eden any or all of the Compositions on the terms and conditions provided for in this Agreement within sixty (60) days of any requested delivery date under a Purchase Order, Eden may, at anytime during the continuation thereof, declare a Failure of Supply under the terms of this Section 5.

  • Failure of Supply due to Fuse Failure4.139 Should at any time the licensee’s service fuse or fuses fail, notice thereof should be sent to the licensee’s local office or call centre or if there are sub-stations, to the nearest sub- station.

  • 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.

  • 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.


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 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 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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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 (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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Related to Failure of Supply

  • 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.

  • Third Party Manufacturer means (i) a Third Party whose primary business is contract manufacturing, or (ii) a Third Party who has a contractual arrangement with Licensee or with a sublicensee of Licensee that includes manufacturing of Client Product and/or Drug Product by such Third Party for Licensee or such sublicensee.

  • Bulk Supply means a supply agreement made under section 40 of the Act;

  • 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 authorised to supply electricity.

  • 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;

  • Support Services the support services, as described in the Support Services Description, that We provide to You in respect of the Cloud Service.

  • Unavailability means the inability of an individual to manage property or business affairs because the individual is:

  • 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, related services, equipment, or components of or relating to the Solutions that are not proprietary to CentralSquare.

  • 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;

  • 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.

  • Extended services means ongoing support services provided to individuals with the most significant disabilities, including youth with the most significant disabilities, after the time-limited vocational rehabilitation services have been completed and job stabilization has been achieved. They consist of specific services, including natural supports, needed to maintain the supported employment placement. Extended services are paid from funding sources other than DRS and are specifically identified in the IPE, except that DRS may provide and pay for extended services for youth with the most significant disabilities for a period not to exceed 4 years or extend beyond the date when the youth reaches age 25.

  • 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.