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. 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. 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. 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. 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. The Customer waives any claim for shortage of any Goods delivered, if a claim in respect of short delivery has not been lodged with TOREMA within seven (7) days from the date of receipt of the Goods by the Customer. The Customer acknowledges that it is reasonable for them to have notified TOREMA of any such claim within that time.
Shortage. In the event of any shortage of any Supplied Product or any material used in connection with the Manufacture of any Supplied Product, SDIX shall allocate such Supplied Product or material, as applicable, on a pro rata basis between BD, on the one hand, and all other customers of SDIX (including SDIX itself), on the other hand. In such case, the allocation to which BD is entitled under this Section 3.6.2 during the pendency of such shortage shall be based upon the Minimum Purchase Commitments set forth in the applicable Rolling Forecast.
Shortage. To the extent that Hospira fails to deliver the Product in accordance with any Firm Order, Hospira shall use its commercially reasonable efforts to make up such Firm Order as soon as possible unless such failure is a result of OBI’s failure to supply API, any shortage in raw materials resulting from the failure of a supplier selected by OBI pursuant to Section 12.1(c) to supply raw materials (with the exception of any such failures resulting from any actions taken by Hospira), or as a result of OBI’s fault, negligence or breach of this Agreement.
Shortage. If Respirics determines that it will not be able to supply Products to TEAMM in material satisfaction of the most recent Order(s) (as defined below) and/or Forecast (as defined below), Respirics shall promptly notify TEAMM in writing of such determination, which notice shall provide TEAMM with the details on the extent of the expected shortfall of supply, the causes of such inability to supply, and Respirics’ proposed solution to the problem. Upon such notice of a supply problem, or in any event upon Respirics’ failure to satisfy, within the delivery time frame specified by TEAMM in the applicable Order(s), a portion of the Products ordered by TEAMM in compliance with this Agreement, TEAMM and Respirics will immediately meet and work together, in good faith, to identify an appropriate resolution to the supply problem. Any agreed resolution to the supply problem will be set forth in a writing executed by both parties. Notwithstanding the foregoing, any continued failure by Respirics to meet supply requirements which continues for a period of six (6) months and is not resolved by written agreement of the parties shall give TEAMM the limited right to select and engage its own contract manufacturers to manufacture Products solely to the extent and for a period of time reasonably necessary to ensure that TEAMM’s ability to market and sell Products is not materially adversely affected, provided that TEAMM pays Respirics, upon the sooner of (i) TEAMM’s purchase of such Product or (ii) TEAMM’s (or its designee’s) receipt of such Product an amount equal to the Alternative Supply Royalty (as defined in Section 12.3 below) for each such unit of Product purchased or received from an alternative manufacturer, subject to reporting, audit, payment, termination, and other provisions similar to those established under Section 12.3 with respect to TEAMM’s permanent termination of Respirics’ supply obligations. Such right of TEAMM shall terminate in its entirety upon Respirics’ resumption of its ability to supply TEAMM Products in accordance with this Agreement.