Shortage Clause Samples
The Shortage clause defines how parties will handle situations where there is an insufficient supply of goods or materials required under the contract. Typically, this clause outlines the procedures for notifying the affected party, prioritizing deliveries, or allocating available resources among customers. Its core function is to provide a clear process for managing supply disruptions, thereby reducing uncertainty and potential disputes when shortages occur.
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Shortage. StarTek shall be liable for and shall reimburse Microsoft for any Product(s) that is unaccounted for ("Shortage"), when such Shortage exceeds *, calculated as shown in Exhibit __, as reported in the * build reports provided to Microsoft, or as determined upon physical inventory/audit conducted pursuant to Section 12 of this Agreement. "Shortage" shall be include *.
Shortage. Any production shortage for that specific shift (due to Boning Room scales operator not mechanical failure) by one body of beef or less per chain shall be made up the following day on the appropriate shift.
Shortage. In the event of a shortage of any Products, Supplier will first fulfill OEM’s Order in quantities equal to the order rate as measured by the monthly order rate during the preceding three-month period (the “Order Rate”). Supplier will use its best commercial efforts to satisfy OEM’s demand in excess of the Order Rate.
Shortage. Claims for shortages in the quantity of Products shipped by Halo shall be dealt with as may reasonably be agreed to by Halo and Client in the ordinary course of business.
Shortage. If either (i) [***]; or (ii) [***] (a “Supply Shortage”), then 3SBio shall be entitled to deliver written notice to AMAG of such Supply Shortage. If AMAG does not cure such Supply Shortage by delivering conforming Product within [***] of AMAG’s receipt of a written notice from 3SBio of such Supply Shortage, then [***] to address such Supply Shortage.
Shortage. In the event that any Product is in short supply, KLOX shall notify Sandoz of such shortage as soon as possible and allocate to Sandoz a prorated share of such Product available to KLOX taking into consideration Sandoz’s relative sales volume in relation to customers of KLOX and its other distributors. Subject to Section 13.4(c), such allocation shall be the only remedy available to Sandoz due to any such shortage, provided that KLOX shall use commercially reasonable efforts to eliminate, cure or overcome such shortage and to resume performance of its obligations hereunder as soon as reasonably possible. Within [***] after Launch, KLOX will put in place a contingency plan to deal with potential shortages of the Product for the Territory, which shall include, with Sandoz’s support, the qualification of a back-up manufacturer (subject to Sandoz’s approval which may not be unreasonably withheld or delayed) of the Products for the Territory.
Shortage. Sutro shall use reasonable efforts to promptly notify SutroVax in writing in the event that Sutro is unable or anticipates that it will be unable to supply compliant Product in accordance with the requirements of this Supply Agreement, including the Quality Agreement and all Required Standards, and each Work Order. Sutro shall use Commercially Reasonable Efforts to overcome any inability or anticipated inability to so supply compliant Product to SutroVax.
Shortage. By December 1 each school year, the Superintendent will publish a list of 5 certification areas in which a shortage of employees exist. Priority will be given to 6 employees who apply for study in these areas.
Shortage. If LONZA anticipates that it will not be able to supply quantities of any Product ordered by CLIENT in accordance with any Binding Purchase Order (in the quantities and by the delivery dates specified in the applicable Binding Purchase Order) (a “Shortage of Supply”), LONZA shall promptly (and in any event within fourteen (14) days) notify CLIENT in writing of the same, and shall include in such notice its best estimate of the duration of the delay. LONZA shall, at its own cost, use its Best Efforts to remedy any Shortage of Supply and resume supplying such Product in accordance with the terms and conditions of this Agreement to CLIENT as soon as possible and, upon CLIENT’s request, LONZA shall reasonably cooperate with CLIENT to secure adequate supplies of such Product from alternative sources, including prompt facilitation of Technology Transfer as described in Section 4.7.3(c) to CLIENT or any Third Parties designated by CLIENT for such purposes. In any event, both Parties agree to respond with the level of speed and diligence commensurate with the severity of the problem. In the event of a Shortage of Supply, in addition to any other remedies the CLIENT may have at law or in equity, CLIENT shall be relieved from its obligations to purchase any quantities of such Product identified in any such Binding Purchase Order and may cancel such quantities effective upon notice to LONZA, without charge of any Cancellation Payment.
Shortage. In the event that a Party’s Compound is in short supply and such Party reasonably believes that it will not be able to supply quantities in accordance with the Supply Schedule (in the case of Gilead) or as required for the Gilead Arm (in the case of Company), such Party shall provide prompt written notice to the other Party thereof (including the shipments of its Compound hereunder expected to be impacted and the quantity of its Compound that such Party reasonably determines it will be unable to supply) and the Parties shall promptly discuss such situation, including how the quantity of Compound that such Party is able to supply hereunder will be allocated within the Gilead Arm. In such event, the Party experiencing such shortage shall use commercially reasonable efforts to remedy the situation giving rise to such shortage and to take action to minimize the impact of the shortage on the Gilead Arm. Without limiting the foregoing, if either Party fails to supply any quantity(ies) of its Compound in accordance with the Supply Schedule (in the case of Gilead) or as required for the Gilead Arm (in the case of Company), then notwithstanding anything to the contrary in this Agreement, the other Party shall have the right to curtail proportionally the quantity(ies) of its Compound that it supplies for use in the Gilead Arm.