Failure to Supply definition

Failure to Supply means your failure to supply a Medical Device in accordance with the terms of this Agreement, for whatever reason;

Failure to Supply has the meaning set forth in Section 2.11(a) hereof.

Failure to Supply shall have the meaning assigned to it in Section 5.21(a).

Examples of Failure to Supply in a sentence

• Without prejudice to any other rights the Authority may have under this Contract, the Authority may, in its sole discretion, uphold the complaint and take any action specified in clause B28 (Default and Failure to Supply).

• Due to the variability in the timing of establishing a new manufacturer/supplier relationship, an MMCAP Infuse Participating Facility will not have access to a Failure to Supply remedy, unless Wholesaler fails to inform MMCAP Infuse, in writing, of difficulties with the specific manufacturer/supplier.

• Table 4.5 F: Wholesaler Created Stock Outage (Cont.) Wholesaler created “Stock Outages” Goal to have stock available to ship to an MMCAP Infuse Participating Facility Criteria for when Failure to Supply (FTS)* Applies Shift Demand Shift demand of Cardinal Key equivalent(s) when a lower priced product comes on as a new Contract Product Assumes manufacturer has product available to ship to the Wholesaler, as of the specified effective date.

• Without prejudice to any other rights the Authority may have under this Contract, the Authority may, in its sole discretion, uphold the complaint and take any action specified in clause B26 (Default and Failure to Supply).

• Without prejudice to iany other rights the Authority may have under this Contract, the Authority may, in its sole discretion, uphold the complaint and take any action specified in clause B28 (Default and Failure to Supply).

More Definitions of Failure to Supply

Failure to Supply is defined in Section 3.4.

Failure to Supply has the meaning set forth in Section 2.6(a).

Failure to Supply means either: (A) not including cases of Force Majeure, an inability of LTS to supply in accordance with this Agreement at least [***] in any one Calendar Quarter and at least [***] in the subsequent Calendar Quarter of the Binding Quantities of Patches ordered by NeurogesX for delivery in such quarters, provided that such failure is not due to failure of NeurogesX to supply Active Ingredient in accordance with Section 2.5 or otherwise caused by NeurogesX; or (B) a material breach of this Agreement by LTS causing an interruption of supply of Patches to the customer, which is not cured within [***] days after notice specifying such breach. ***Certain information on this page has been omitted and filed separately with the Commission. Confidential treatment has been requested with respect to the omitted portions.

Failure to Supply means the occurrence of any of the following in any one (1) hour period:

Failure to Supply means the failure of MacroGenics or its Affiliates to supply Zai, its Affiliates or Sublicensees with [***]percent ([***]%) [***] be supplied to Zai, its Affiliates or Sublicensees pursuant to a supply agreement between the Parties[***].

Failure to Supply means Licensor fails to supply the Product in the countries of Europe taken as a whole substantially in accordance with the firm orders contained within Licensee's forecast for a continuous period of one-hundred and twenty (120) days.

Failure to Supply as defined in Section 11.2.6.