supply disruption definition

supply disruption means the unexpected significant decrease in the availability of a raw material or significant increase in the price of a raw material beyond normal market price volatility;

supply disruption has the meaning set forth in Section 2.8.

supply disruption means a reduction or interruption in the supply of gas through at least one interconnector that crosses the national border, which results in endangering the due operation of the internal gas market and the supply of gas to customers;

Examples of supply disruption in a sentence

• If VIVUS is unable to supply confirmed orders to Purchaser with respect to the quantity or the delivery date (a “Supply Disruption”), or if VIVUS believes that a Supply Disruption is reasonably likely to occur based on Purchaser’s confirmed and/or forecasted orders, VIVUS shall provide Purchaser with prompt written notice of such inability or belief.

• Notwithstanding any Technology Transfer pursuant to Section 2.11(a), Purchaser’s right to manufacture or have manufactured Product shall be limited to the rights described in Section 2.2 of the License Agreement, plus the additional manufacturing rights described in Section 2.8 in connection with a Supply Disruption.

• In the event of a Supply Disruption, VIVUS shall be obliged to allocate the available Product among Purchaser and any other licensees and/or authorized distributors of Product worldwide, *** based on the volume of Product orders of Purchaser and such other licensees and distributors.

• In the event that any one or more of the provisions contained in this Agreement is or are invalid, irregular or unenforceable in any respect, the validity, regularity and enforceability of the remaining provisions contained in this Agreement shall be in no way affected, prejudiced or disturbed thereby.

• If Angiotech, through exercise of reasonable business judgment, determines that it is reasonable and prudent to obtain a back-up supplier to prevent a Supply Disruption, then Athersys shall use its Commercially Reasonable Efforts to identify, engage and qualify at least one back-up supplier for the Clinical Development Candidate(s) or Cell Therapy Product(s).

More Definitions of supply disruption

supply disruption means (a) AMAG fails to deliver at least in the aggregate [***] of Product ordered by Norgine in a [***] period, [***], provided that (x) Norgine provides written notice to AMAG and demonstrates [***] as a result of such non-conforming batches, and (y) Norgine returns such batches in full, destroys such batches or otherwise acts in accordance with the reasonable instructions of AMAG.

supply disruption has the meaning set forth in Section 5.6(d).

supply disruption has the meaning ascribed to it in Section 6.2(d) of this Agreement.

supply disruption means any event the consequence of which is Fresenius Kabi is unable to fulfill Cerus’ reasonable purchase orders for a period in excess of [***], except to the extent that such disruption is due to Cerus’ failure to deliver any Cerus-Supplied Material that is required for the manufacture of the applicable Manufactured Product.

supply disruption means an unavoidable delay outside the control of Seller in the supply or delivery of equipment pursuant to a binding supply agreement, where such equipment is necessary to construct and achieve commercial operation of the System. A Supply Disruption must be based on events not due to a Seller’s breach or failure to perform under the applicable supply agreement that have the effect of delaying the delivery of equipment beyond the stated delivery dates in the supply agreement, without regard to whether such delay by the equipment supplier is excused under the terms of the supply agreement.

supply disruption means any event that materially delays, impairs or otherwise materially adversely affects the Acquiror’s ability to obtain sufficient quantities of Gestiva for sale, including any disruptions, shortages or delays in the manufacture, processing, testing, labeling, packaging, shipment and/or receipt of Gestiva for commercial sale. The Acquiror will take commercially reasonable efforts to mitigate the effects of any Supply Disruption, and will keep the Seller reasonably informed of such matters. For purposes of this Agreement, the “Inventory Delivery Milestone” will be deemed to have occurred once both of the following have occurred (i) the TTPP (as such term is defined in that certain Commercial Supply Agreement between Xxxxxx Pharmaceutical Solutions LLC and Hologic, Inc. dated April 6, 2009, (the “Baxter Supply Agreement”)) has established a last required Production (as defined in the Baxter Supply Agreement) date of no earlier than September 30, 2011, and (ii) an engineering batch has been completed using the filling equipment intended for commercial introduction and the Seller and the Acquiror mutually agree to proceed with the manufacture of registration stability batches at the New Third Party Manufacturer (as defined in the Baxter Supply Agreement). Once both of the Inventory Delivery Milestones have been satisfied and evidence thereof has been presented by Seller to the Acquiror, at the request of the Seller, the Acquiror will promptly acknowledge in writing in a notice delivered to the Seller pursuant to Section 13.1 of the Agreement that both Inventory Delivery Milestones have been met and that from and after the date of such acknowledgment no Supply Disruption will occur under any circumstances and the provisions of Section 4.2(b)(B) will have no further force or effect, provided that nothing herein will obviate any extensions of the due dates of payments pursuant to Section 4.2(b)(A) due to any Supply Disruption occurring prior to the Inventory Delivery Milestones being satisfied.

supply disruption has the meaning set forth in Schedule 1.122. CERTAIN INFORMATION IN THIS EXHIBIT HAS BEEN OMITTED AND FILED SEPARATELY WITH THE COMMISSION. CONFIDENTIAL TREATMENT HAS BEEN REQUESTED WITH RESPECT TO THE OMITTED PORTIONS.