Supply Deficiency Sample Clauses

Supply Deficiency. If there is a Supply Deficiency, XXXX shall immediately notify CLIENT and XXXX may, in its sole discretion, take one or more of the following steps to remedy any remaining Supply Deficiency:
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Supply Deficiency. If there is a Supply Deficiency, then, as mutually agreed with Client, Xxxxxx shall, at Althea’s cost, promptly take one or more of the following steps to remedy the Supply Deficiency: (i) increase the manufacturing time and the length of a manufacturing campaign at the Facility in order to Produce and deliver to Client additional Client Product that meet the requirements under this Agreement to remedy the Supply Deficiency (“Deficiency Cure Product”); (ii) make available and utilize the next reasonably available slot of manufacturing and production at the Facility (but in any event, within [**] days) to deliver to Client Deficiency Cure Product; (iii) coordinate and cooperate with Client to re-schedule Production and delivery of Client Product ordered hereunder in order to maximize Althea’s ability to Produce and deliver to Client Deficiency Cure Product while minimizing the disruption of manufacture at the Facility then in force and any contractual commitments to Third Party customers; and (iv) use commercially reasonable efforts to otherwise remedy the Supply Deficiency by utilizing and dedicating excess capacity not contractually committed to Third Party customers to Produce and deliver Deficiency Cure Product and to reserve such capacity for Client’s requirements until the issues surrounding the Supply Deficiency have been remedied to Client’s satisfaction. Xxxxxx shall bear any incremental cost of any such cure or attempted cure beyond the Purchase Price, including, but not limited to, any overtime labor costs Xxxxxx that may be required to increase Facility output to meet its requirements under this Section 5.5(b).
Sample 1
Supply Deficiency. If there is a Supply Deficiency, Catalent shall promptly notify Client in writing and Catalent may, in its sole discretion, take one or more of the following steps:
Sample 1
Supply Deficiency. If there is a Supply Deficiency, Xxxxx will immediately notify Spectrum and will fulfill Spectrum’s Purchase Orders under this Agreement no less favorably than that of any other client or the Products Produced for Hanmi’s internal use and cooperate with Spectrum in taking all actions that are reasonably necessary in order to remedy the Supply Deficiency. In addition, the Parties agree to discuss a resolution to the Supply Deficiency and, if a resolution reasonably satisfactory to Spectrum cannot be reached following a [***] cure period, then Spectrum will have the right to:
Sample 1
Supply Deficiency. If Seller fails to supply the quantities of Gas it is obligated to deliver pursuant to the provisions of Section 2.1.1 on any Day, Seller shall notify Buyer as soon as practicable after Seller becomes aware of the quantity that it will fail or failed to supply and, if a Supply Deficiency results from the following computation, Seller agrees to reimburse Buyer the Supply Deficiency Charge as set forth in Section 2.4.2. The Supply Deficiency for a Day shall be the quantity of Gas (in MMBtus) equal to the positive difference, if any, obtained by subtracting (a) the actual quantity delivered by Seller to Buyer at the Point(s) of Sale during the Day from (b) the quantity of Gas Seller was obligated to deliver for the Day, with this quantity difference being reduced by: (1) any quantities of Gas not nominated, taken or delivered by reason of force majeure; and (2) any quantities of Gas which Buyer is obligated to accept from Seller but, through no fault of Seller, Buyer fails to accept.
Sample 1

Related to Supply Deficiency

  • Liability for Deficiency If any sale or other disposition of Collateral by Secured Party or any other action of Secured Party hereunder results in reduction of the Obligations, such action will not release Debtor from its liability to Secured Party for any unpaid Obligations, including costs, charges and expenses incurred in the liquidation of Collateral, together with interest thereon, and the same shall be immediately due and payable to Secured Party at Secured Party's address set forth in the opening paragraph hereof.

  • Waiver; Deficiency Each Grantor waives and agrees not to assert any rights or privileges which it may acquire under Section 9-112 of the New York UCC. Each Grantor shall remain liable for any deficiency if the proceeds of any sale or other disposition of the Collateral are insufficient to pay its Obligations and the fees and disbursements of any attorneys employed by the Administrative Agent or any Lender to collect such deficiency.

  • Obtain Deficiency If Lender chooses to sell any or all of the Collateral, Lender may obtain a judgment against Grantor for any deficiency remaining on the Indebtedness due to Lender after application of all amounts received from the exercise of the rights provided in this Agreement. Grantor shall be liable for a deficiency even if the transaction described in this subsection is a sale of accounts or chattel paper.

  • Borrowing Base Deficiency If at any time there exists a Borrowing Base Deficiency the Borrower shall cure same in accordance with Section 2.06 hereof.

  • Deficiency Each Grantor shall remain liable for any deficiency if the proceeds of any sale or other disposition of the Collateral are insufficient to pay its Obligations and the fees and disbursements of any attorneys employed by the Administrative Agent or any Lender to collect such deficiency.

  • No Deficit Restoration No Member shall be personally liable for a deficit Capital Account balance of that Member, it being expressly understood that the distribution of liquidation proceeds shall be made solely from existing Company assets.

  • Procedure for Deficient Items 8.1 Agent shall examine the Subscription Form(s) received by it as agent to ascertain whether they appear to have been completed and executed in accordance with the Subscription Offer. In the event that Agent determines that any Subscription Form does not appear to have been properly completed or executed, or to be in proper form, or any other deficiency in connection with the Subscription Form appears to exist, Agent shall follow, where possible, its regular procedures to attempt to cause such irregularity to be corrected. Agent is not authorized to waive any deficiency in connection with the Subscription, unless Company provides written authorization to waive such deficiency.

  • No Event of Loss No Event of Loss with respect to the Airframe or any Engine shall have occurred and no circumstance, condition, act or event that, with the giving of notice or lapse of time or both, would give rise to or constitute an Event of Loss with respect to the Airframe or any Engine shall have occurred.

  • Notice of Environmental Defects If Buyer discovers any alleged Environmental Defect affecting the Assets, Buyer shall promptly notify Seller of such alleged Environmental Defect. To be effective, such notice (an “Environmental Defect Notice”) must (a) be in writing, (b) be received by Seller prior to the expiration of the Examination Period, (c) describe the Environmental Defect in reasonable detail, including (i) the written conclusion of Buyer that an Environmental Defect exists, and (ii) a citation of the Environmental Laws alleged to be violated and a summary of the related facts that substantiate such violation, (d) identify the specific Assets affected by such Environmental Defect, (e) the procedures recommended to correct the Environmental Defect and (f) Buyer’s reasonable good faith estimate of the Environmental Defect Value, for which Buyer would agree to adjust the Purchase Price in order to accept such Environmental Defect if Seller elected Section 7.4(c) as the remedy therefor. Any matters that may otherwise constitute Environmental Defects, but of which Seller has not been specifically notified by Buyer in accordance with the foregoing, together with any environmental matter that does not constitute an Environmental Defect, shall, be deemed to have been waived by Buyer for all purposes and constitute an assumed obligation of Buyer at Closing. Upon receipt of a timely Environmental Defect Notice, upon request by Seller, Buyer shall promptly deliver to Seller copies of all data, records, reports, opinions and other information in Buyer’s possession or control bearing upon or relating to the alleged Environmental Defect and its determination of the Environmental Defect Value, including, without limitation, site plans showing the location of sampling events, boring logs and other field notes describing the sampling methods utilized and the field conditions observed, chain of custody documentation and laboratory reports.

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