Supply Shortage definition

Supply Shortage means that a Seller does not have sufficient quantities of Product available at the Delivery Location to satisfy its aggregate sales commitments, due to the loss or failure of Product supplies or the depletion of reserves, or the inability to transport Product to the Delivery Location for any reason, including Allocation. Supply Shortage shall not include the unavailability of Product due to the Seller entering into transactions in the spot market at the Delivery Location at higher or more advantageous prices.

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Supply Shortage means the case where the amount of supply becomes insufficient.

Supply Shortage shall have the meaning set forth in Section 4.7.

Examples of Supply Shortage in a sentence

A Declaration of Supply Shortage must be issued before any Shared Reduction in Use may be required or implemented.
The Parties, through the JMC, shall discuss the reasons for the anticipated Supply Shortage.
Nothing in this Section 4.7 shall limit, modify or replace Licensee’s remedies under this Agreement in the event of a Supply Shortage.
The Association's demand upon the City's water supply shall not exceed the Association's Contract Demand provided for in Section 5.01 herein, nor shall it exceed any amount established pursuant to a Declaration of Supply Shortage and Shared Reduction in Use as provided in Sections 6.04-6.06 herein.
A Shared Reduction in Use may be required immediately upon issuance of a Declaration of Supply Shortage.
The City may issue a Declaration of Supply Shortage when, in its discretion, it determines that the requested reduction is necessary to properly manage the Water Supply System.
The City may in its discretion issue a Declaration of Supply Shortage and implement a Shared Reduction in Use for multiple periods of use.
Upon Regeneron’s notification to Kiniksa regarding any Anticipated Supply Shortage, subject to and without limiting any applicable terms and conditions in any Supply Agreement or this Agreement, the JSC will discuss such shortage pursuant to Section 4.1.3(m) (Duties of the JSC), and determine if an alternate Third Party supply source should be utilized, and the identity of any such Third Party supply source, if so determined by the JSC.
Regeneron will keep Kiniksa informed on a timely basis of any developments during any such Anticipated Supply Shortage.
If the JSC is unable to resolve any Anticipated Supply Shortage, and based on forecasts provided by Kiniksa under the Supply Agreements and Regeneron’s production schedule for such Product, Regeneron will not be able to meet at least [***] of Kiniksa’s Product forecast over a period of [***].

More Definitions of Supply Shortage

Supply Shortage. Any circumstances under which the City determines, pursuant to Section 6.04, that it is unable to deliver water to the Association under the terms of this Agreement, and which do not fall directly within the force majeure provisions in Section 12.13 or temporary emergencies as described in Section 6.07. Circumstances under which a Supply Shortage may result, include without limitation,(a) environmental factors such as low flow, declining water tables, or pollution of water source; (b) determination made or agreed settlement in a water right adjudication which results in the City having less valid water rights than stated as the City position on its water rights in its approved Water System Plan in place on the effective date of this Agreement; (c) conditions imposed on City water rights and intake facilities by federal or state agencies relating to Endangered Species Act (“ESA”) compliance; (d) conditions imposed pursuant to the National Environmental Policy Act (“NEPA”) or the State Environmental Policy Act (“SEPA”); or (e) the entry of habitat conservation plans, watershed plan agreements, water system plan agreements, or water right agreements, of any kind, between the City and local municipalities, state, or federal agencies, or Indian Tribes. The Association expressly acknowledges that the City may, in its discretion, negotiate such agreements, which may on a temporary or permanent basis reduce the availability of water over a defined period of time, e.g., annual, monthly, or instantaneous, under this Agreement.

Supply Shortage shall occur if, at any time during the Term, the quantities of Compound supplied by Ash S▇▇▇▇▇▇ to Pharmion or Pharmion Designees, as applicable, are less than (i) [... *** ...] of the quantities specified in Orders accepted by Ash S▇▇▇▇▇▇ over a period of three (3) consecutive months (the “[... *** ...] Trigger”); or (ii) [... *** ...] of the quantities specified in Orders accepted by Ash S▇▇▇▇▇▇ over a period of four (4) consecutive months (the “[... *** ...] Trigger”), or (iii) [... *** ...] of the quantities specified in Orders accepted by Ash S▇▇▇▇▇▇ over a period of six (6) consecutive months (the “[... *** ...] Trigger), where in each case such quantities were properly forecast and ordered by Pharmion or Pharmion Designees in accordance with this Section 2. In the event of a Supply Shortage, the provisions of Section 4(e) shall apply.

Supply Shortage means any circumstance whatsoever by reason of which Discom supplies of available electrical energy are at any time insufficient in terms of quantum and/or parameters, to enable it to meet Franchisee actual demand for electricity, subject to the ceiling of the sanctioned load as indicated in Schedule A.

Supply Shortage means the situation, as may be determined by the JSC from time to time, that in [*] of a Five-Year Plan approved by the JSC, the total quantity of Bulk Drug Substance that can be manufactured in the Subject Capacity is less than [*]. When a Supply Shortage is in effect, it shall be deemed to be in effect for the [*].

Supply Shortage means the case where the amount of supply in regional service areas or across the nation becomes insufficient.

Supply Shortage shall have the meaning set forth in Section 4.7. 1.45 “Term” shall have the meaning set forth in Section 10.1. 1.46 “Third Party” shall mean any Person who is not a Party or an Affiliate under this Agreement. 1.47 “Transfer Price” shall mean the price Acorda’s Third Party manufacturer(s) invoices Acorda for Product Manufactured by such Third Party manufacturer(s) supplied to Licensee pursuant to the agreement(s) between Acorda and such manufacturer(s).