Common use of Supply Interruption Clause in Contracts

Supply Interruption. For purposes of this AGREEMENT, a "SUPPLY INTERRUPTION" shall be deemed to occur: (i) if HMR GmbH's ability to supply adequate quantities of HMR MANUFACTURED PRODUCTS in saleable form in a timely manner to MEDICIS is adversely affected or inhibited as reasonably determined by both parties, (ii) if HMR GmbH fails to deliver to MEDICIS, in saleable form in accordance with the terms of this AGREEMENT, any portion, greater than 6% in quantity, of any confirmed order for any SKU of any HMR MANUFACTURED PRODUCT, or (iii) if in any calendar quarter covered by the 24-MONTH FORECAST, HMR GmbH fails to deliver, in saleable form in accordance with the terms of this AGREEMENT, HMR MANUFACTURED PRODUCTS in accordance with the 24-MONTH FORECAST or, if less, in the applicable portion of MEDICIS' last short-term forecast provided prior to the SUPPLY INTERRUPTION. For purposes of this AGREEMENT, a SUPPLY INTERRUPTION shall be deemed to have been fully cured once HMR GmbH has delivered to MEDICIS all confirmed orders and, for any calendar months for which there have been no confirmed orders due to the SUPPLY INTERRUPTION, at least the minimum quantities in saleable form of HMR MANUFACTURED PRODUCTS forecasted to be ordered by MEDICIS during such calendar months as set forth in the 24-MONTH FORECAST or, if less, in the applicable portion of MEDICIS' last short-term forecast provided prior to the SUPPLY 17 SUPPLY AGREEMENT

Supply Interruption. For purposes of this AGREEMENT, a "SUPPLY INTERRUPTION" shall be deemed to occur: (i) if HMR GmbHHMRI's ability to supply adequate quantities of HMR MANUFACTURED PRODUCTS LOPROX LOTION in saleable form in a timely manner to MEDICIS is adversely affected or inhibited as reasonably determined by both parties, (ii) if HMR GmbH HMRI fails to deliver to MEDICIS, in saleable form in accordance with the terms of this AGREEMENT, any portion, greater than 6% in quantity, of any confirmed order for any SKU of any HMR MANUFACTURED PRODUCTLOPROX LOTION, or (iii) if in any calendar quarter covered by the 24-MONTH FORECAST, HMR GmbH HMRI fails to deliver, in saleable form in accordance with the terms of this AGREEMENT, HMR MANUFACTURED PRODUCTS LOPROX LOTION in accordance with the 24-MONTH FORECAST or, if less, in the applicable portion of MEDICIS' last short-term forecast provided prior to the SUPPLY INTERRUPTION. For purposes of this AGREEMENT, a SUPPLY INTERRUPTION shall be deemed to have been fully cured once HMR GmbH HMRI has delivered to MEDICIS all confirmed orders and, for any calendar months for which there have been no confirmed orders due to the SUPPLY INTERRUPTION, at least the minimum quantities in saleable form of HMR MANUFACTURED PRODUCTS LOPROX LOTION forecasted to be ordered by MEDICIS during such calendar months as set forth in the 24-MONTH FORECAST or, if less, in the applicable portion of MEDICIS' last short-term forecast provided prior to the SUPPLY 17 INTERRUPTION. In the event of any SUPPLY AGREEMENTINTERRUPTION, the following terms and conditions shall apply: