Failure to Supply definition

Failure to Supply means your failure to supply a Medical Device in accordance with the terms of this Agreement, for whatever reason;

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Failure to Supply has the meaning set forth in Section 2.6(a).

Failure to Supply shall have the meaning assigned to it in Section 5.21(a).

Examples of Failure to Supply in a sentence

• If this Agreement is terminated by Distributor on the basis of a Failure to Supply, Distributor’s sole remedy is as provided for in Section 2.10 and Section 2.12(b).

• For any Failure to Supply, Distributor will have the right to cancel orders for any quantities of the Authorized Generic Product that are not able to be supplied by the close of the Delivery Window due to such Failure to Supply, effective upon notice to Supplier, and Distributor will have no further obligations to purchase any such cancelled quantities of Authorized Generic Product.

• For any supply delay related to or caused by, in a material respect, Distributor’s failure to comply with the terms set forth in this Agreement, Supplier’s failure to supply Distributor per the terms set forth in the Single Purchase Order will not be considered a Failure to Supply (“Distributor-Related Supply Delay”).

• The [**] damage remedy specified in this section will not apply if the unremedied Failure to Supply arises in whole or in material part due to a Force Majeure Event.

• Without limiting the other provisions of this Agreement, including this Section 2.12, Distributor shall have the right to terminate this Agreement upon written notice to Supplier following any Failure to Supply that Supplier is not able to remedy by the close of the Delivery Window.

More Definitions of Failure to Supply

Failure to Supply shall have the meaning set forth in Section 2.10(a) hereof.

Failure to Supply is defined in Section 3.4.

Failure to Supply means either: (A) not including cases of Force Majeure, an inability of LTS to supply in accordance with this Agreement at least [***] in any one Calendar Quarter and at least [***] in the subsequent Calendar Quarter of the Binding Quantities of Patches ordered by NeurogesX for delivery in such quarters, provided that such failure is not due to failure of NeurogesX to supply Active Ingredient in accordance with Section 2.5 or otherwise caused by NeurogesX; or (B) a material breach of this Agreement by LTS causing an interruption of supply of Patches to the customer, which is not cured within [***] days after notice specifying such breach. ***Certain information on this page has been omitted and filed separately with the Commission. Confidential treatment has been requested with respect to the omitted portions.

Failure to Supply means the failure of MacroGenics or its Affiliates to supply Zai, its Affiliates or Sublicensees with [***]percent ([***]%) [***] be supplied to Zai, its Affiliates or Sublicensees pursuant to a supply agreement between the Parties[***].

Failure to Supply means the occurrence of any of the following in any one (1) hour period:

Failure to Supply means Licensor fails to supply the Product in the countries of Europe taken as a whole substantially in accordance with the firm orders contained within Licensee's forecast for a continuous period of one-hundred and twenty (120) days.

Failure to Supply as defined in Section 11.2.6.