Common use of Failure of Suppliers Clause in Contracts

Failure of Suppliers. The parties understand and agree that the Company has chosen the excipient and primary container packaging component suppliers listed in the Product Specifications. Under no circumstances shall Hospira have any liability to Company, nor shall Hospira be deemed to be in breach of this Agreement, if Hospira is unable to supply Product to Company due to a failure of such suppliers to provide such excipients and/or primary container packaging components to Hospira.

Failure of Suppliers. The parties understand and agree that the Company Hologic has chosen the excipient and primary container packaging component suppliers listed in the Product Specifications. Under no circumstances shall Hospira have any liability to CompanyHologic, nor shall Hospira be deemed to be in breach of this Agreement, if Hospira is unable to supply Product to Company Hologic due to a failure of such suppliers to provide such excipients and/or primary container packaging components to Hospira.