Required Fill Rate definition
Examples of Required Fill Rate in a sentence
For purchases made directly from Vendor (if any), Vendor represents and warrants that it shall maintain sufficient inventory and transportation arrangements to comply with the delivery time and the Required Fill Rate stated in this Agreement.
In any instance where Vendor anticipates that it will not be able to comply with the delivery time and/or the Required Fill Rate for Products, or the performance time for Services, Vendor shall promptly attempt to resolve the issue to each affected Purchaser’s reasonable satisfaction, which may include Purchaser’s acceptance of alternative delivery or performance dates or, with respect to Products, the provision of an acceptable substitute from Vendor at the same or lower price as the unavailable Product.
Any failure by Vendor to maintain the Required Fill Rate for any Product (whether such Product is supplied directly to Purchasers or to a Distributor) that is not cured within thirty (30) days following written notice from Division shall be deemed a breach of this Agreement.
Any failure by Vendor to maintain the Required Fill Rate for any Product (whether such Product is supplied directly to Purchasers or to a Distributor) that is not cured within thirty (30) days following written notice from HealthTrust shall be deemed a breach of this Agreement.
Any failure by Vendor to maintain the Required Fill Rate for any Product (whether such Product is supplied directly to Purchasers or to a Distributor) that is not cured within thirty (30) days following written notice from HPG shall be deemed a breach of this Agreement.
For purchases made through Distributors (if any), Vendor represents and warrants that it shall maintain sufficient inventory and transportation arrangements to allow Distributor(s) to comply with the delivery time and the Required Fill Rate stated in this Agreement.
The Parties agree that a “Fill Rate Accuracy Default” shall have occurred if, for any reason other than a default by BWD under this Agreement or an event of Force Majeure, C&S fails to maintain the Required Fill Rate Accuracy during a Measurement Period.
If C&S fails to meet the Required Fill Rate Accuracy for any such [***] period, then C&S shall pay a [***] as set forth in Section [***], above, with respect to such [***] holiday period.
After a Fill Rate Accuracy Default has occurred, C&S will be subject to a penalty payment (the “Fill Rate Penalty Payment”) for each [***] that that the Fill Rate Accuracy is below the Required Fill Rate Accuracy until the Required Fill Rate Accuracy is restored (the “Fill Rate Penalty Period”).
Any failure by Vendor (or any Distributor, due to Vendor supply problems) to maintain the Required Fill Rate for any Product that is not cured within thirty (30) days following written notice from KHC or any Purchaser shall be deemed a breach of this Agreement and shall give KHC or any Purchaser the right to immediately terminate this Agreement.