Credit for Shortfall. If there is a Shortfall for a Product in a Year, then Patheon will credit Client’s account for the amount of the Shortfall not later than [*] days after the end of the Year. Each credit under this Section 2.2(c) will be summarized on the reconciliation report form set forth in Exhibit D. Upon expiration or termination of a Product Agreement, any remaining credit owing under this Section will be paid to Client. The Annual Shortfall, if any, will be disclosed by Patheon on the reconciliation report form.
Credit for Shortfall. If there is a Shortfall in a Year, then Patheon will credit Client’s account for the amount of the Shortfall not later than 60 days after the end of the Year. Each credit under this Section 2.2(c) will be summarized on the reconciliation report form set forth in Schedule I. Not later than 45 days after the expiration or termination of this Agreement, any remaining credit owing under this Section 2.2(c) will be paid to Client. The Shortfall for each Year, if any, will be disclosed by Patheon on the reconciliation report form.
Credit for Shortfall. If there is a Shortfall for the Product in a Year, then Patheon will credit Client’s account for the amount of the Shortfall not later than [***] after the end of the Year. If there is a Surplus for a Product in a Year, then Patheon will be entitled to apply the amount of the Surplus as a credit against any Shortfall for that Product which may occur in the next Year. If there is no Shortfall in the next Year the Surplus credit will expire. Each credit under this Section 2.2(c) will be summarized on the reconciliation report form set forth in Schedule G. Upon expiration or termination of this Agreement, any remaining credit owing under this Section will be paid to Client. The Annual Shortfall, if any, will be disclosed by Patheon on the reconciliation report form.
Credit for Shortfall. If there is a Shortfall for a Product in a Year, then Patheon will credit Client’s account for the amount of the Shortfall not later than 45 days after the end of the Year. Each credit under this Section 2.2(c) will be summarized on the reconciliation report form set forth in Exhibit D. Upon expiration or termination of a Product Agreement, any remaining credit owing under this Section 2.2 will be paid to Client. The Annual Shortfall, if any, will be disclosed by Patheon on the reconciliation report form. THIS EXHIBIT HAS BEEN REDACTED AND IS THE SUBJECT OF A CONFIDENTIAL TREATMENT REQUEST. REDACTED MATERIAL IS MARKED WITH [***] AND HAS BEEN FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION.
Credit for Shortfall. If there is a Shortfall for the Supplied Product in a Year and the amount of such Shortfall exceeds any carried forward Bonus (within the meaning of Section 2.7(a)(v)), then Manufacturer shall credit Acorda’s account in accordance with Section 3.2(a) for the amount of the Shortfall in excess of such Bonus amount, if any, up to the limitation of liability set out under Section 10.1, not later than 60 days after the end of the Year (or any modification of a previously delivered annual reconciliation that shows a Shortfall or an increased Shortfall for the Year).
Credit for Shortfall. If there is a Shortfall for a Product in a Reconciliation Interval, then Patheon will credit Client’s account for the amount of the Shortfall not later than [*] days after the end of the Reconciliation Interval, provided that Patheon shall be entitled to an adjustment of the credited amount if the average Shortfall calculated over any [*] ([*]) consecutive Reconciliation Intervals in the same Year is less than or equal to [*] ([*]). [*] Confidential treatment requested; certain information omitted and filed separately with the SEC. Standard Form Each credit under this Section 2.2(c) will be summarized on the reconciliation report form set forth in Schedule I. Upon expiration or termination of this Agreement, any remaining credit owing under this Section 2.2 will be paid to Client. The Shortfall, if any, will be disclosed by Patheon on the reconciliation report form. Notwithstanding anything in this Agreement to the contrary, in the event a Shortfall results from Patheon’s gross negligence or intentional misconduct, then Patheon shall reimburse Client for replacement cost of the API relating to such Shortfall.
Credit for Shortfall. If there is a Shortfall for a Product in a Year, then Patheon will credit Client’s account for the amount of the Shortfall not later than 60 days after the end of the Year. Each credit under this Section 2.2(c) will be summarized on the reconciliation report form set forth in Exhibit D. Upon expiration or termination of a Product Agreement, any credit owing under this Section with respect to any portion of a Year prior to the expiration or termination of the Agreement will be paid to Client. The Annual Shortfall, if any, will be disclosed by Patheon on the reconciliation report form. [***] INDICATES MATERIAL THAT WAS OMITTED AND FOR WHICH CONFIDENTIAL TREATMENT WAS REQUESTED. ALL SUCH OMITTED MATERIAL WAS FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 24b-2 PROMULGATED UNDER THE SECURITIES EXCHANGE ACT OF 1934, AS AMENDED. Master Manufacturing Services Agreement (d)Maximum Credit. Patheon's liability for Active Materials calculated in accordance with this Section 2.2 for any Product in a Year will not exceed, in the aggregate, the Maximum Credit Value set forth in Schedule D to a Product Agreement.
Credit for Shortfall. If there is a Half Year Shortfall for a Product in the first half of a Year, then Supplier will credit Supernus’ account for the amount of the Half-Year Shortfall not later than 60 days after June 30th. If there is an Annual Shortfall for a Product in a Year, then Supplier will credit Supernus’ account for the amount of the Annual Shortfall less, if any, the Half Year Shortfall, which resulting amount shall be credited not later than 60 days after the end of the Year. Each credit under this Section 8.3 will be summarized on a reconciliation report substantially in the form set forth in Schedule I (to be adjusted accordingly for any half-Year reconciliation report). Upon expiration or termination of this Agreement, any remaining credit owing under this Section 8 will be paid to Supernus, an Annual Shortfall calculation shall be made (regardless of the time ** This portion has been redacted pursuant to a confidential treatment request. of year), and the Annual Shortfall, if any, will be disclosed by Supplier on the reconciliation report form.
Credit for Shortfall. If there is a Shortfall for a Product in a calendar year, then Supplier will credit Supernus’ account for the amount of the Shortfall not later than 60 days after the end of the calendar year using the API Credit Value. Each credit under this Section 5.6 will be summarized on the reconciliation report form set forth in Schedule C. Upon expiration or termination of this Agreement, any remaining credit owing under this Section 5 will be paid to Supernus. The Annual Shortfall, if any, will be reported by Supplier on the reconciliation report form.
Credit for Shortfall. If there is a Shortfall for a Product in a Year, then Patheon will credit Xxxxx’s account for the amount of the Shortfall not later than sixty (60) days after the end of the Year. Each credit under this Section 2.2(c) will be summarized on the reconciliation report form set forth in Exhibit F. Upon expiration or termination of a Product Agreement, any remaining credit owing under this Section 2.2 in relation to such Product Agreement will be paid to Éclat. The Annual Shortfall, if any, will be disclosed by Patheon on the reconciliation report form.
