Insufficient Supply Sample Clauses
The Insufficient Supply clause defines the procedures and responsibilities when a party is unable to provide the agreed quantity of goods or services due to limited availability. Typically, this clause outlines how shortages are communicated, the order in which customers or obligations are prioritized, and any remedies or alternatives available to the affected parties, such as partial deliveries or delayed fulfillment. Its core function is to manage expectations and allocate risk in situations where supply falls short, thereby reducing disputes and providing a clear framework for handling supply disruptions.
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Insufficient Supply. An EIM Resource Plan shall be deemed to have insufficient energy supply if the sum of base schedules from non-participating resources and the sum of the highest quantity offers in the energy bid range from EIM Participating Resources, including interchange with other Balancing Authority Areas, is less than the total demand forecast for the associated EIM Entity Balancing Authority Area.
Insufficient Supply. During the Term, HOVIONE shall use commercially reasonable efforts to allocate its inventory and Manufacturing output of API to ensure that HOVIONE has sufficient supply of API to satisfy COMPANY’s orders. Notwithstanding the prior sentence, if at any time during the Term, HOVIONE is, or expects that it will be, unable, in full or in part, to satisfy COMPANY’s orders for API for any reason, including a Force Majeure Event (as defined in Section 14.1), HOVIONE shall so notify COMPANY as soon as possible, detailing the extent to which it will not meet such orders. In the event that at any time HOVIONE is unable to meet COMPANY’s requirements for API for more than [*****] for reasons other than COMPANY’s breach of the terms of this Agreement, then COMPANY will have the right, in its sole discretion, to cancel any and all outstanding COMPANY Purchase Orders subject to such supply interruption without penalty and purchase any and all of its requirements of API from the Alternate Supplier until such time as HOVIONE notifies COMPANY that HOVIONE is able to resume supplying COMPANY’s requirements of API (provided, however, that HOVIONE’s right to resume supply of such requirements does not include amounts of API that COMPANY is already committed to purchase from such Alternate Supplier).
Insufficient Supply. During the Term, Hovione shall [***] allocate its inventory and Manufacturing output of the Product so that, in the event Hovione has an insufficient Manufacturing capacity to satisfy all of its customers’ orders, Hovione’s allocation to Customer on its orders [***]. If at any time during the Term, Hovione is, or expects that it will be, unable, in full or in part, to satisfy Customer’s orders for the Product for any reason, including force majeure (as defined in Section 11), Hovione shall so notify Customer as soon as possible, detailing the extent to which it will not meet such orders. In the event that at any time Hovione is unable to meet Customer’s orders or requirements for the Product for more than [***] days, then Customer will have the right, in its sole discretion, to either (i) cancel any and all outstanding Purchase Orders subject to such supply interruption without penalty and/or purchase any and all of its orders or requirements of API from an alternate supplier [***]; or (ii) terminate this Agreement upon [***] days’ prior written notice to Hovione.
Insufficient Supply. Insufficient Quantities; Shortages. As will be more fully set forth in the applicable Supply Agreement, in the event of a Shortage of any Licensed Product for Development or Commercialization purposes in the Territory in accordance with this Agreement, until such Shortage is resolved, Sarepta will allocate available supply of the affected Licensed Product according to the allocation principles set forth in this Section 8.10.3(a) (Insufficient Quantities; Shortages). [**].
Insufficient Supply. During the Term, HOVIONE shall [***] allocate its inventory and Manufacturing output of the Product so that, in the event HOVIONE has an insufficient Manufacturing capacity to satisfy all of its customers’ orders, HOVIONE’s allocation to ACHAOGEN’s on its orders will be as favorable as HOVIONE’s allocation to any and all other customers on their orders. If at any time during the Term, HOVIONE is, or expects that it will be, unable, in full or in part, to satisfy ACHAOGEN’s orders for the Product for any reason, including a Force Majeure Event (as defined in Section 17.1), HOVIONE shall so notify ACHAOGEN as soon as possible, detailing the extent to which it will not meet such orders. In the event that at any time HOVIONE is unable to meet ACHAOGEN’s requirements for the Product for more than [***], then ACHAOGEN will have the right, in its sole discretion, to either (i) cancel any and all outstanding purchase orders subject to such supply interruption without penalty and/or purchase any and all of its requirements of API from the Alternate Supplier until such time as HOVIONE notifies ACHAOGEN that HOVIONE is able to resume supplying ACHAOGEN’s requirements of the Product (provided, however, that HOVIONE’s right to resume supply of such requirements does not include amounts of API that ACHAOGEN is already committed to purchase from such Alternate Supplier); or (ii) terminate this Agreement upon sixty (60) days’ prior written notice to HOVIONE.