Inability to Supply definition

Inability to Supply means either a Long Term Inability to Supply or a Short Term Inability to Supply and means both a Long Term Inability to Supply and a Short Term Inability to Supply collectively.

Inability to Supply shall have the meaning assigned to such term in Section 8.12(b).

Inability to Supply shall have the meaning set forth in Section 4.4 hereof.

Examples of Inability to Supply in a sentence

• In the event that the Company, despite the use of good faith efforts, is unable to supply such excess quantities to ERS, such inability to supply shall not constitute a breach of the Company's obligations under this Section 8 or a Short-Term Inability to Supply or Long-Term Inability to Supply.

• In the event that Vyrix experiences a Short Term Inability to Supply, for any reason other than as a result of Force Majeure, Vyrix shall rescind the requirements for payment of Royalties to Vyrix as listed in Section 9.5 for an equivalent period of time of any resulting direct loss of sales (by virtue of a product backorder).

• Endo may terminate this Agreement with immediate effect by written notice to such effect to Vyrix should there be a Long Term Inability to Supply that persists for six (6) months after the scheduled delivery of the goods as described in 6.5.

• In the event of any Long Term Inability to Supply the Product in the Territory, the parties agree to act in good faith and make all commercially reasonable efforts to find a mutually acceptable solution to the Long Term Inability to Supply.

• Maltreatment in the form of Neglect for Failure or Inability to Supply Necessary Supervision has not been substantiated on [Petitioner].

More Definitions of Inability to Supply

Inability to Supply means the Supplier’s failure for any reason to supply the Purchaser with quantities of any Product that the Supplier is required to supply pursuant to Article VII and Section 8.04(a).

Inability to Supply means: (i) with respect to the supply of API for Registrational Studies or Non-Registrational Studies, the Company's failure for any reason, including without limitation force majeure reasons or otherwise, to supply ERS with quantities of API meeting the Specifications and Manufacturing Standards equal to at least [**] of the quantity of API set forth in the applicable time period on Exhibit 8.12(B)(i); and (ii) with respect to the supply of API for commercial sales, the Company's failure for any reason, including without limitation force majeure reasons or otherwise, to supply ERS with quantities of API meeting the Specifications and Confidential treatment requested by Xxxxxxx-Xxxxx Squibb Company, Xxxxxxx-Xxxxx Squibb Biologics Company and ImClone Systems Incorporated. Manufacturing Standards equal to at least [**] of the quantity of API set forth in the applicable time period on Exhibit 8.12(B)(ii).

Inability to Supply shall have the meaning assigned in Section 5.5(c).

Inability to Supply means Inspire's failure for any reason, including without limitation force majeure reasons or otherwise, to supply Santen with quantities of Compound meeting the Compound Specifications and Manufacturing Standards: [CONFIDENTIAL TREATMENT REQUESTED].

Inability to Supply means QIAGEN’s inability to supply the QIAGEN IVD to Blueprint in accordance with its [***] quantities of the QIAGEN IVD within [***] days after the lead time for the QIAGEN IVD agreed to by the Parties.

Inability to Supply means: (X) with respect to any 60-day period, more than *** of the NanoKans to be delivered during such period were delivered more than 30 days after the respective delivery dates *** Portions of this page have been omitted pursuant to a request for Confidential Treatment and filed separately with the Commission. therefor; or (Y) with respect to any six-month period, more than *** of the NanoKans to be delivered during such period were delivered after the respective delivery dates therefor, provided, in each case, that not more than *** nor fewer than *** NanoKans were to be delivered during any 30-day period.

Inability to Supply means: Schering’s failure for any reason, including force majeure reasons or otherwise, to supply Indevus with quantities of Finished Product meeting the Specifications and applicable Regulatory Standards, at least equal to (i) [*] of Finished Product quantities specified in two (2) consecutive Firm Orders or (ii) [*] of Finished Product quantities specified in one (1) Firm Order, provided that in (i) and (ii) Schering has not cured the respective failure (if curable) within ninety (90) days and further provided that the right to cure (ii) shall not be applicable after such failure has occurred a second time in two (2) Contract Years;