Late or Non-delivery of Product Sample Clauses

Late or Non-delivery of Product. In the event that Alpharma fails to deliver Product on or before the delivery date specified in the applicable Purchase Order, ViroPharma shall notify Alpharma of such delay and Alpharma shall provide ViroPharma with the precise date of arrival for the shipment. If ViroPharma cannot accept the new date specified for delivery by Alpharma, or if the shipment fails to arrive within [***] days after the newly specified date to which ViroPharma has agreed, then ViroPharma may cancel all or a portion of the affected order without liability to Alpharma. The quantities so cancelled will be credited against ViroPharma’s purchase requirements under Section 9(a) and 14(a) of this Agreement. In addition, provided that the reason for the delay is caused by Alpharma, Alpharma will reimburse ViroPharma for [***] Indicates material that has been omitted and for which confidential treatment has been requested. All such omitted material has been filed with the Securities and Exchange Commission pursuant to Rule 24b-2 under the Securities Exchange Act of 1934, as amended. the difference between ViroPharma’s contract price with Alpharma under this Agreement and the actual cost of any cover product purchased by ViroPharma upon Alpharma’s failure to supply provided that Alpharma shall not, in any event, owe ViroPharma a payment under this subsection (c) which exceeds [***]% of the purchase price of all cancelled orders if such Products had been timely delivered hereunder. The remedies set forth in this subparagraph 26(c) shall be ViroPharma’s sole and exclusive remedy in respect of late or non-delivery of Product except, if applicable, the remedies set forth in Sections 26(b) and (f).
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Late or Non-delivery of Product. In the event that Xellia fails to deliver Product on or before the delivery date specified in the applicable Purchase Order, ViroPharma shall notify Xellia of such delay and Xellia shall provide ViroPharma with the precise date of arrival for the shipment. If ViroPharma cannot accept the new date specified for delivery by Xellia, or if the shipment fails to arrive within *** days after the newly specified date to which ViroPharma has agreed, then ViroPharma may cancel all or a portion of the affected order without liability to Xellia. The quantities so cancelled will be credited against ViroPharma’s purchase requirements under Section 9(a) and 14(a) of this Agreement. In addition, provided that the reason for the delay is caused by Xellia, Xellia will reimburse ViroPharma for the difference between ViroPharma’s contract price with Xellia under this Agreement and the actual cost of any cover product purchased by ViroPharma upon Xellia’s failure to supply provided that Xellia shall not, in any event, owe ViroPharma a payment under this subsection (c) which exceeds ***% of the purchase price of all cancelled orders if such Products had been timely delivered hereunder. The remedies set forth in this subparagraph 26(c) shall be ViroPharma’s sole and exclusive remedy in respect of late or non-delivery of Product except, if applicable, the remedies set forth in Sections 26(b) and (f).
Late or Non-delivery of Product. In the event that Altairnano fails to deliver Product on or before the delivery date specified under Exhibit B, Elanco may cancel all or a portion of the affected order. The delivery date specified under Exhibit B may change as the result of agreement by the Steering Committee.

Related to Late or Non-delivery of Product

  • Delivery of Product 10.1 Subject to Clause 24 (Capacity Constraints), GSK (or the Nominated Supplier) shall Deliver the Products on the date specified in the relevant Firm Order, provided that:

  • Delivery of Products As specified in Exhibit A, DR and/or Vendor shall be responsible for making digital and/or tangible delivery of the Products as follows: a. The following provisions shall apply to any Products listed on Exhibit A for which digital delivery is to be made by DR: 1. Within twenty-four (24) hours after receipt of an order from an End User, DR shall make digital delivery of the Products available to the End User. b. The following provisions will apply to any Products listed on Exhibit A for which tangible delivery is to be made by DR: 1. The Vendor shall provided DR with an inventory of the Products to be held on consignment and used by DR to fulfill orders for the Products. DR shall be responsible for the delivery of the Products to the End Users at the locations designed by the End User. 2. The Products shall be delivered to DR prepackaged and ready for shipment and delivery to the End User. The Vendor shall be solely responsible for the shipment of the Products to DR and shall be solely responsible for all costs and expenses associated with any such shipments. The Vendor shall bear the entire risk of loss or damage to the Products during shipments to or from DR. 3. Within fifteen (15) days after the date of this Agreement, the Vendor shall provide DR with such consigned quantities of the Products as may be mutually agreed upon in writing by DR and the Vendor. On a periodic basis, DR shall provide an inventory detail to Vendor showing the current inventory of the Products, Periodically, DR will issue consignment purchase orders for the estimated needs of the Product to be tangibly delivered. The Vendor shall be responsible for making prompt delivery of the Products to DR. 4. All Shipments of Product to DR will be clearly labeled with DR's purchase order number on the outside of the box. If DR is tracking serial numbers for the Products, Vendor will provide with each shipment of the Product a complete list of the serial numbers of the Product enclosed in the box. 5.DR shall have no liability of any kind whatsoever as a result of delay in the delivery of the Products by Vendor, or the delivery of

  • Delivery of Materials Notwithstanding anything contained in this Agreement to the contrary, if this Agreement is terminated for any reason whatsoever, then Purchaser shall promptly deliver to Seller all Property Information provided to Purchaser by Seller, including copies thereof in any form whatsoever, including electronic form. The obligations of Purchaser under this Section 11.4 shall survive any termination of this Agreement.

  • Delivery of Documents; Delivery Dates (a) The Trustee is hereby directed (i) to execute and deliver the Intercreditor Agreement, the Escrow Agreement and the NPA on or prior to the Issuance Date, each in the form delivered to the Trustee by the Company, and (ii) subject to the respective terms thereof, to perform its obligations thereunder. Upon request of the Company and the satisfaction or waiver of the closing conditions specified in the Underwriting Agreement, the Trustee shall execute, deliver, authenticate, issue and sell Applicable Certificates in authorized denominations equaling in the aggregate the amount set forth, with respect to the Applicable Trust, in Schedule I to the Underwriting Agreement evidencing the entire ownership interest in the Applicable Trust, which amount equals the maximum aggregate principal amount of Equipment Notes which may be purchased by the Trustee pursuant to the NPA. Except as provided in Sections 3.03, 3.04, 3.05 and 3.06 of the Basic Agreement, the Trustee shall not execute, authenticate or deliver Applicable Certificates in excess of the aggregate amount specified in this paragraph. The provisions of this Section 5.01(a) supersede and replace the first sentence of Section 3.02(a) of the Basic Agreement, with respect to the Applicable Trust.

  • Delivery of Invoices Such Grantor will deliver to the Administrative Agent immediately upon its request after the occurrence and during the continuation of an Event of Default duplicate invoices with respect to each Account owned by it bearing such language of assignment as the Administrative Agent shall specify.

  • Free Delivery of Assets Notwithstanding any other provision of this Agreement and except as provided in Section 3 hereof, the Custodian, upon receipt of Special Instructions, will undertake to make free delivery of Assets, provided such Assets are on hand and available, in connection with a Fund's transactions and to transfer such Assets to such broker, dealer, Subcustodian, bank, agent, Securities System or otherwise as specified in such Special Instructions.

  • Execution and Delivery of Receipts Upon receipt by any Custodian of any deposit pursuant to Section 2.2 hereunder (and in addition, if the transfer books of the Issuer or the Foreign Registrar, if applicable, are open, the Depositary may in its sole discretion require a proper acknowledgment or other evidence from the Issuer that any Deposited Securities have been recorded upon the books of the Issuer or the Foreign Registrar, if applicable, in the name of the Depositary or its nominee or such Custodian or its nominee), together with the other documents required as above specified, such Custodian shall notify the Depositary of such deposit and the person or persons to whom or upon whose written order a Receipt or Receipts are deliverable in respect thereof and the number of American Depositary Shares to be evidenced thereby. Such notification shall be made by letter or, at the request, risk and expense of the person making the deposit, by cable, telex or facsimile transmission. Upon receiving such notice from such Custodian, or upon the receipt of Shares by the Depositary, the Depositary, subject to the terms and conditions of this Deposit Agreement, shall execute and deliver at its Corporate Trust Office, to or upon the order of the person or persons entitled thereto, a Receipt or Receipts, registered in the name or names and evidencing any authorized number of American Depositary Shares requested by such person or persons, but only upon payment to the Depositary of the fees and expenses of the Depositary for the execution and delivery of such Receipt or Receipts as provided in Section 5.9, and of all taxes and governmental charges and fees payable in connection with such deposit and the transfer of the Deposited Securities.

  • DELIVERY OUT The Custodian shall release and deliver out domestic securities and other financial assets of a Portfolio held in a U.S. Securities System, or in an account at the Underlying Transfer Agent, only upon receipt of Proper Instructions on behalf of the applicable Portfolio, specifying the domestic securities or financial assets held in the United States to be delivered out and the person or persons to whom delivery is to be made. The Custodian shall pay out cash of a Portfolio upon receipt of Proper Instructions on behalf of the applicable Portfolio, specifying the amount of the payment and the person or persons to whom the payment is to be made.

  • Delivery of Property The Custodian shall not be responsible for any securities or other assets of a Portfolio which are not received by the Custodian or which are delivered out in accordance with Proper Instructions. The Custodian shall not be responsible for the title, validity or genuineness of any securities or other assets or evidence of title thereto received by it or delivered by it pursuant to this Agreement.

  • Delivery of Materials to Underwriters The Company will deliver to each of the several Underwriters, without charge and from time to time during the period when a prospectus is required to be delivered under the Act or the Exchange Act, such number of copies of each Statutory Prospectus, the Prospectus and all amendments and supplements to such documents as such Underwriters may reasonably request.

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