Supply Delay definition

Supply Delay means any instance where the delivery of any quantity of Product to Talis pursuant to a Purchase Order (or Annual Commitment PO) timely delivered and in accordance with this Agreement occurs on a date later than the specified delivery date set forth in the applicable Purchase Order (or Annual Commitment PO), excluding any delay that is attributable to Talis or that is outside of the reasonable control of thX. For clarity, “Supply Delay” shall not include any delay in delivery to the extent caused by the following: (i) a Force Majeure Event; or (ii) Talis’ failure to supply raw materials to be supplied by Talis under Section 4.1.
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Supply Delay means, solely for purposes of this Section, Supplier's failure to deliver at least [***] ([***]) percent of the quantity of Product ordered in an accepted purchase order due to an act or omission of Supplier, or any other reasons under the control of the Supplier, within [***] of the delivery date. A Supply Delay will not be deemed to occur if (i) such failure is caused by a Force Majeure event, (ii) the volume ordered exceeds [***] of the volume set forth in the applicable forecast (but only in respect of the amount exceeding [***]% of the forecasted volume). In the event of a Supply Delay, Supplier shall credit Buyer on Product invoices an amount equal to [***] ([***]) percent of the applicable price for the delayed Product for each [***] period (or portion thereof) beyond the delivery date in which the delivery is not made (e.g. [***] ([***]) percent) invoice reduction for any Product that is delivered [***] after the applicable delivery date and [***] ([***]) percent invoice reduction for any shipment that is delivered [***] after the delivery date, etc.). In no event, however, shall Supplier be required to credit Buyer on Product invoices an amount greater than [***] ([***]) percent of the supply Price for the Product subject to the Supply Delay.
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Supply Delay shall have the meaning set forth in Section 5.5(a).
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Examples of Supply Delay in a sentence

  • In the case of a Chronic Supply Delay, thX shall (i) conduct a root cause analysis to identify the cause of the supply failure and provide to Talis a written report detailing the cause of the supply failure, and (ii) deliver a corrective action plan to Talis which plan shall identify the steps thX will take to remedy the supply failure and mitigate the likelihood of reoccurrence, including a schedule for implementation of the plan.

  • In the event of a Supply Delay, Supplier shall credit Buyer on Product invoices an amount equal to [***] ([***]) percent of the applicable price for the delayed Product for each [***] period (or portion thereof) beyond the delivery date in which the delivery is not made (e.g. [***] ([***]) percent) invoice reduction for any Product that is delivered [***] after the applicable delivery date and [***] ([***]) percent invoice reduction for any shipment that is delivered [***] after the delivery date, etc.).

  • In no event, however, shall Supplier be required to credit Buyer on Product invoices an amount greater than [***] ([***]) percent of the supply Price for the Product subject to the Supply Delay.

  • In addition, in the event any Non-Conformity causes a Supply Delay or in the event of a Latent Defect, Client shall have the remedies set forth in Section 5.5(c).

  • Notwithstanding Sections 3.3.8 and 3.3.9, if a Firm Order is made to compensate for a Supply Delay or Supply Failure (“Compensating Order”), WUXI BIOLOGICS shall [***] commence a Run as soon as possible for the additional quantity by the date set forth in said Firm Order/Compensating Order and in no case later than [***].

  • A Supply Delay will not be deemed to occur if (i) such failure is caused by a Force Majeure event, (ii) the volume ordered exceeds [***] of the volume set forth in the applicable forecast (but only in respect of the amount exceeding [***]% of the forecasted volume).

  • The parties acknowledge and agree that Client’s damages in the event of a Supply Delay will be substantial and difficult to calculate.

  • In addition, for so long as a Supply Delay is continuing, Client shall be permitted, without penalty, to cancel, in whole or in part, any or all other open Purchase Orders for Production (i.e. those not subject to the remedies above) and to revise the Forecast accordingly.


More Definitions of Supply Delay

Supply Delay means Xxxxxx has failed to cure a Supply Deficiency by delivering the full quantity of Client Product ordered within [**] days from a notice of Supply Deficiency from Ophthotech. A “Supply Failure” means in a [**]-month period Xxxxxx has failed to deliver at least [**] percent ([**]%) of the number of Lots ordered for delivery during such period. In connection with the foregoing, Xxxxxx shall not be responsible for delays due to lack of delivery of Client-Supplied Components or delays in reviews, approvals, information, documents or other items to be provided or performed by Client (assuming Xxxxxx has provided all relevant information and documentation, as required hereunder), and any such delays shall be excluded in determining the time periods set forth in this Section 5.5(a).
Sample 1
Supply Delay means, solely for purposes of this Section, Corium’s failure to deliver [***] of the Product ordered under an accepted Purchase Order due to reasons under the reasonable control of the Corium within [***] of the delivery date. A Supply Delay will not be deemed to occur if (i) such failure is caused by a Force Majeure Event, or (ii) the volume ordered exceeds [***] of the volume set forth in the applicable Firm Forecast (but only in respect of the excess). Beginning [***], in the event of a Supply Delay, Corium shall credit Agile on Product invoices an amount equal to [***].
Sample 1

Related to Supply Delay

  • Supply Failure shall have the meaning ascribed to it in Section 2.8.

  • Supply Pipe means any part of a service pipe which a water undertaker could not be, or have been required to lay under section 46 of the Water Industry Act 1991; and

  • Gas Supply Deficiency means any occurrence relating to Sellers gas supply which causes Seller to deliver less than the total requirements of its system, including failures of suppliers to deliver gas for any reason, requirement of gas for system storage, conservation of gas for future delivery, or any other occurrence which is not enumerated herein which affects Sellers gas supply.

  • Supply Period means the period commencing on the Supply Period Start Date and terminating on the Termination Date.

  • Tenant Delay means an actual delay in the occurrence of the Substantial Completion Date or the Final Completion Date with respect to Landlord’s Work as the result of: (1) any unreasonable delay by Tenant in approving the Plans; (2) any request by Tenant that Landlord delay the commencement or completion of Landlord’s Work for any reason; (3) any request by Tenant to change the Plans after initial approval thereof by Tenant, or the making of any changes to Landlord’s Work requested by Tenant and agreed to by Landlord after initial approval of the Plans by Tenant; (4) any failure by Tenant to respond in writing within seven (7) business days after any written request by Landlord for clarification or interpretation of the Plans or for approval of changes in the Plans deemed necessary by Landlord; or (5) any other act or omission of Tenant or its officers, agents, employees or contractors; Notwithstanding the foregoing, no event shall be deemed to be a Tenant Delay until and unless Landlord has given Tenant written notice (the “Tenant Delay Notice”) advising Tenant (i) that a Tenant Delay is occurring, (ii) of the basis on which Landlord has determined that a Tenant Delay is occurring, and (iii) the actions which Landlord believes that Tenant must take to eliminate such Tenant Delay, and Tenant has failed to correct the Tenant Delay specified in the Tenant Delay Notice within forty-eight (48) hours following receipt thereof. No period of time prior to expiration of such 48-hour period shall be included in the period of time charged to Tenant pursuant to such Tenant Delay Notice if Tenant corrects the Tenant Delay specified in the Tenant Delay Notice within such 48-hour period.

  • Force Majeure Delay means with respect to the Servicer, any cause or event which is beyond the control and not due to the negligence of the Servicer, which delays, prevents or prohibits such Person’s delivery of the reports required to be delivered or the performance of any other duty or obligation of the Servicer under the Indenture, as the case may be, including, without limitation, computer, electrical and mechanical failures, acts of God or the elements and fire; provided, that no such cause or event shall be deemed to be a Force Majeure Delay unless the Servicer shall have given the Indenture Trustee written notice thereof as soon as practicable after the beginning of such delay.

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

  • Force Majeure Delays means any actual delay in the construction of the Tenant Improvements, which is beyond the reasonable control of Landlord or Tenant, as the case may be, as described in Paragraph 33 of the Lease.

  • Tenant Delays means (A) Tenant’s request for changes to Landlord’s Work, regardless of whether any such changes are performed, (B) construction of any such changes, (C) Tenant’s request for materials, finishes, or installations requiring unusually long lead times that were not originally included as a part of Landlord’s Work, (D) Tenant’s delay (which shall mean more than 5 business days) in reviewing, revising, or approving any plans and specifications relating to Landlord’s Work, (E) Tenant’s delay in providing information critical to the normal progression of the Project (Tenant shall provide such information as soon as reasonably possible, but in no event longer than 5 business days after receipt of any request for such information from Landlord), and (F) any other act or omission by Tenant or any Tenant Party (as defined herein), or persons employed by any of such persons, (iv) “Substantially Completed” means the substantial completion of Landlord’s Work (A) in a good and workmanlike manner, (B) in accordance with the requirements described in Exhibit C, and (C) in accordance with all applicable Legal Requirements (including, but not limited to, securing the applicable final building inspection for Landlord’s Work), subject only to normal “punch list” items, and (v) “Existing Tenant Delay” means the refusal or failure by the Existing Tenant (as defined below) to surrender the Premises by July 1, 2010 in accordance with the terms and conditions of the Existing Lease (as defined below). Landlord will promptly perform such punch list items. Tenant shall obtain, at its sole cost and expense, any applicable use and occupancy permit for the Premises issued by the applicable Governmental Authority. If Tenant does not elect to void this Lease within 5 business days of the lapse of such 60 day period, such right to void this Lease shall be waived and this Lease shall remain in full force and effect. If neither Landlord nor Tenant elects to void this Lease within 5 business days of the lapse of such 60 day period, such right to void this Lease shall be waived and this Lease shall remain in full force and effect. Sequoia Pharmaceuticals, Inc. (“Existing Tenant”), is currently leasing the Premises from Landlord, and the lease agreement (“Existing Lease”) between Landlord and Existing Tenant is scheduled to expire on July 1, 2010 subject to Landlord’s right to advance the expiration date. Tenant understands, acknowledges, and agrees that Landlord makes no guaranty, representation, or assurance that Landlord will be able to recapture the Premises from the Existing Tenant by July 1, 2010 and that Landlord shall have no obligation or duty to seek the vacation or removal of the Existing Tenant from the Premises.

  • Supply Point means the point of connection between the licensed network and your apparatus or equipment.

  • Ultra Low Sulfur Diesel Fuel means diesel fuel that has a sulfur content of no more than fifteen parts per million.

  • Landlord Delay means a delay in the construction of the Tenant Improvements or Compliance Work resulting directly from the acts or omissions of Landlord, Landlord’s employees, agents, or contractors including, but not limited to (i) failure of Landlord to timely approve or disapprove any plans; (ii) interference by Landlord, its employees, agents or contractors with the completion of the Tenant Improvements or Compliance Work (including the impairment of Tenant’s contractors’ or vendors’ or employees’ access to the Premises for any reason (including due to the presence of Landlord’s contractors, vendors or personnel), failure to provide reasonable access to the Building’s loading docks or other facilities necessary for the construction of the Tenant Improvements or Compliance Work and/or the movement of materials and personnel to the Premises for such purpose) and (iii) delays due to the acts or failures to act of Landlord, its agents or contractors with respect to payment of the Tenant Improvement Allowance. If Tenant contends that a Force Majeure Construction Delay or a Landlord Delay has occurred, Tenant acknowledges and agrees that it has inspected the Building and the Site and in no event shall the physical character or condition of the Building and/or Site existing as of the Effective Date constitute a basis for a Landlord Delay (this agreement does not apply to the failure of any Building component to properly operate). Further, in no event shall any delay of Landlord constitute a Landlord Delay unless such delay results in a full day of delay in the construction of the Tenant Improvements or Compliance Work. Tenant shall notify Landlord in writing (the “Delay Notice”) of the event which constitutes such Force Majeure Construction Delay or Landlord Delay; such notice may be via electronic mail to Landlord’s construction representative described above. Tenant will additionally use reasonable efforts to mitigate the effects of any Force Majeure Construction Delay or Landlord Delay through the re-sequencing or re-scheduling of work, if feasible, but this sentence will not be deemed to require Tenant to incur overtime or after-hours costs unless Landlord agrees in writing to bear such costs. If the actions or inactions or circumstances described in the Delay Notice constitute a Landlord Delay, and are not cured by Landlord within one (1) business day after Landlord’s receipt of the Delay Notice, then a Landlord Delay shall be deemed to have occurred commencing as of the expiration of such one (l)-business day period. The Lease Commencement Date and the Lease Expiration Date will each be delayed on a day for day basis for each day of Force Majeure Construction Delay or Landlord Delay.

  • Supply Start Date means the date(s) specified in clause 2.8;

  • Dyed diesel fuel means diesel fuel that is dyed in accordance with internal revenue service rules or pursuant to any other internal revenue service requirements, including any invisible marker requirements.

  • Additional Transportation Cost means the actual cost incurred for one-way Economy Transportation by Common Carrier reduced by the value of an unused travel ticket.

  • Gas supply service means the provision to customers of the

  • Rechargeable Electrical Energy Storage System (REESS) means the rechargeable energy storage system that provides electric energy for electrical propulsion.

  • Supply Chain Disruption means an inability by the Contractor to obtain goods or services from third parties necessary to perform the Work of the Contract within the schedule specified therein, despite the Contractor making all reasonable commercial efforts to procure same. Contractors are advised that increased costs do not, in and of themselves, amount to a Supply Chain Disruption;

  • Basic gas supply service means gas supply service that is

  • Transportation project or "project" means any or the

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

  • LWDA means the California Labor and Workforce Development Agency, the agency entitled, under Labor Code section 2699, subd. (i).

  • Supply of services means any transaction which does not constitute a supply of goods.

  • Supply Licence means the licence granted to us under section 6(1)(d) of the Act;

  • Useful thermal energy means, with regard to a cogeneration unit, thermal energy that is:

  • Service Failure means a failure by the Contractor to provide the Services in accordance with any individual service level described above (measured on a monthly/quarterly/annual basis)