Supply Shortage. If there is insufficient clinical supply of Program 1 Antibody or Program 1 Product to satisfy planned or ongoing Clinical Trials in both the United States and the Incyte Territory at any given time, the Party responsible for supplying such clinical supply shall make half of such supply available for the United States and half available for the Incyte Territory (or such other allocation as may be mutually agreed by the Parties).
Supply Shortage. If, by reason of any of the causes described in this Clause 11 (“Disruption to Delivery”), or by reason of production problems at the FPSO Terminal or reduction of production by a Governmental Authority, a shortage of supply occurs, then Seller has the right to freely withhold, reduce or suspend Deliveries under this Agreement to a level below the nominated quantity for that period as set forth below. Any shortage of supply shall result in Seller first canceling any uncommitted spot volumes. If that is not sufficient to deal with the supply shortage, then any further reduction shall be allocated among Seller’s term customers on a fair and approximately ratable basis. For the purposes hereof, Buyer shall be considered a term buyer of Oil.
Supply Shortage. In the event of any shortage experienced by GELESIS with respect to any inputs or capacity that may reasonably be expected to affect GELESIS’ ability to satisfy its supply obligations hereunder in respect of a particular month, then GELESIS shall notify RO promptly after it becomes aware of such circumstances that could reasonably be expected to result in any such shortage. GELESIS shall, unless mutually agreed otherwise by the Parties, allocate its available inputs and capacity pro rata amongst the affected Purchase Order(s) and any order of any Third Party dispensing the Product that has been prescribed by a Health Care Provider to an End User in the course of providing medical services to such End User in person. [***].
Supply Shortage. In the event that Santarus and GSK are using the same contract manufacturer for Licensed Products or API and there is any shortage of supply of Licensed Products or API to either Party as a result of a Force Majeure event, the Parties shall promptly meet to seek to agree on an equitable allocation of Licensed Products or API, as applicable, for inside and outside the GSK Territory.
Supply Shortage. In the event that Santarus and GSK are using the same Authorized Manufacturer for PR Products or API and there is any shortage of supply of PR Products or API to either Party as a result of a Force Majeure event, [***]. *** Certain information on this page has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions.
Supply Shortage. If Supplier is unable to deliver [***] of the quantities of Product(s) that have been ordered by Myovant in accordance with Section 7.1.3, then Supplier shall fulfill any and all outstanding Purchase Orders from Myovant giving reasonable priority compared to any orders from Third Parties.
Supply Shortage. In the event of a shortage of supply of the Licensed Product, whether due to a force majeure event or otherwise, Company shall allocate supplies of Licensed Product to Licensee for its Development and Commercialization efforts on a pro rata basis based off of Licensee’s remaining binding forecast under the Non-Commercial Supply Agreement and Commercial Supply Agreement and actual demand at the time of such supply; provided that in the event of a shortage of clinical supply of the Licensed Product to Licensee, Company shall (a) use Commercially Reasonable Efforts, to the extent reasonably practical, to convert any Licensed Products manufactured by Company or on Company’s behalf for Commercialization by any party to the Licensed Products that can be used by Licensee for Development in the Territory and (b) supply such converted Licensed Products to Licensee in accordance with the Non- Commercial Supply Agreement. For clarity, in the event that Company determines that supply of the Licensed Product to Licensee for Commercialization based off of the remaining binding forecast and actual demand constitutes [***] percent ([***]%) of all Licensed Product manufactured by Company or on Company’s behalf, Licensee shall be allocated [***] percent ([***]%) of all Licensed Product during such shortage, subject to reasonable adjustment from time to time due to changes in forecast and actual demand.
Supply Shortage. In the event of any supply interruption or inadequate quantities of the Device available to fulfill Serendex’s requirements, PARI shall provide to Serendex not less than Serendex’s pro rata portion of all available quantities of devices based on then-pending forecasts of all PARI customers.
Supply Shortage. 5.5.1 CIMYM shall notify IGK immediately upon becoming aware that CIMAB or CIMAB's Contract Manufacturer is unable to supply CIMYM the quantity of the Licensed Product ordered by IGK. In such circumstances, CIMYM and CIMAB shall use all commercially reasonable endeavours to remedy such shortage.
Supply Shortage. (a) In the event the Joint Steering Committee has mutually agreed upon an Improvement Plan with respect to a Product pursuant to Section 2.7(b), Supplier shall use its commercially reasonable efforts to implement such Improvement Plan.