Common use of Major Component Clause in Contracts

Major Component. If the Supply Interruption is the result of the general unavailability of a major component to a Product or Accessory (other than the Pump motor) which was (x) commonly available from multiple sources immediately prior to its unavailability or (y) only available from one source which was reliable immediately prior to the unavailability of such component, which DEBIOTECH is unable to obtain either through its own sources or with the advice and assistance of IMED which IMED agrees to use commercially reasonable efforts to provide, then the same shall not be deemed a Supply Failure hereunder so long as DEBIOTECH expends commercially reasonable efforts to eliminate the causes thereof and again commences and continues supply of such Product and Accessories in accordance with the terms of this Agreement, within the shortest time reasonable under the circumstances following the occurrence of the general unavailability of a major component. As soon as DEBIOTECH is again able to and does assume all of its supply obligations under the Agreement, then IMED's rights under the Standby Agreements shall terminate with respect to such Supply Failure. DEBIOTECH represents and warrants that the price for the Products and Accessories paid by IMED to SAGEM or Plastic Omnium or other manufacturer, as the case may be, under the Standby Agreements will not be more than the price for Products and Accessories paid by IMED to DEBIOTECH.

Major Component. If the Supply Interruption is the result of the general unavailability of a major component to a Product or Accessory (other than the Pump motor) which was (x) commonly available from multiple sources immediately prior to its unavailability or (y) only available from one source which was reliable immediately prior to the unavailability of such component, which DEBIOTECH is unable to obtain either through its own sources or with the advice and assistance of IMED which IMED agrees to use commercially reasonable efforts to provide, then the same shall not be deemed a Supply Failure hereunder so long as DEBIOTECH expends commercially reasonable efforts to eliminate the causes thereof and again commences and continues supply of such Product and Accessories in accordance with the terms of this Agreement, within the shortest time reasonable under the circumstances following the occurrence of the general unavailability of a major component. As soon as DEBIOTECH is again able to and does assume all of its supply obligations under the Agreement, then IMED's rights under the Standby Agreements shall terminate with respect to such Supply Failure. DEBIOTECH represents and warrants that the price for the Products and Accessories paid by IMED to SAGEM [CONFIDENTIAL TREATMENT REQUESTED] or Plastic Omnium [CONFIDENTIAL TREATMENT REQUESTED] or other manufacturer, as the case may be, under the Standby Agreements will not be more than the price for Products and Accessories paid by IMED to DEBIOTECH.