Inability to Supply definition
Inability to Supply means either a Long Term Inability to Supply or a Short Term Inability to Supply and means both a Long Term Inability to Supply and a Short Term Inability to Supply collectively.
Inability to Supply shall have the meaning set forth in Section 4.4 hereof.
Inability to Supply shall have the meaning assigned to such term in Section 8.12(b).
Examples of Inability to Supply in a sentence
Subject to its compliance with this Section 3.2(f) (including the Supplier’s obligation to provide the Recipient Pro-Rata Share), an Inability to Supply shall not be considered a breach of this Agreement.
If the Supplier, as the Affected Party, has knowledge that, or the Supplier reasonably believes that such Force Majeure Event is likely to result in an Inability to Supply, the Supplier shall also include in such written notice to the Recipient, as the non-Affected Party, the underlying reasons for the Inability to Supply, proposed remedial measures, the date that the Inability to Supply is expected to end, and the amount of Supplied Product to be allocated to the Recipient.
More Definitions of Inability to Supply
Inability to Supply shall have the meaning assigned to such term in Section 8.11(b).
Inability to Supply shall have the meaning set forth in Section 6.4.
Inability to Supply means: (i) with respect to the supply of API for Registrational Studies or Non-Registrational Studies, the Company's failure for any reason, including without limitation force majeure reasons or otherwise, to supply ERS with quantities of API meeting the Specifications and Manufacturing Standards equal to at least [**] of the quantity of API set forth in the applicable time period on Exhibit 8.12(B)(i); and (ii) with respect to the supply of API for commercial sales, the Company's failure for any reason, including without limitation force majeure reasons or otherwise, to supply ERS with quantities of API meeting the Specifications and Confidential treatment requested by ▇▇▇▇▇▇▇-▇▇▇▇▇ Squibb Company, ▇▇▇▇▇▇▇-▇▇▇▇▇ Squibb Biologics Company and ImClone Systems Incorporated. Manufacturing Standards equal to at least [**] of the quantity of API set forth in the applicable time period on Exhibit 8.12(B)(ii).
Inability to Supply means the Supplier’s failure for any reason to supply the Purchaser with any Products that the Supplier is required to supply pursuant to Article VII and Section 8.04(a).
Inability to Supply means Inspire's failure for any reason, including without limitation force majeure reasons or otherwise, to supply Santen with quantities of Compound meeting the Compound Specifications and Manufacturing Standards: [CONFIDENTIAL TREATMENT REQUESTED].
Inability to Supply means medac's failure for any reason to adequately supply DUSA's requirements of the Product as required pursuant to Section 5, [ * ]. [ * ] shall not be deemed an Inability to Supply but shall oblige medac and DUSA to establish the JMC immediately after the occurrence of [ * ] in order to ensure a continuing source of supply within the shortest possible timeframe using commercially reasonable best efforts.
Inability to Supply means: Schering’s failure for any reason, including force majeure reasons or otherwise, to supply Indevus with quantities of Finished Product meeting the Specifications and applicable Regulatory Standards, at least equal to (i) [*] of Finished Product quantities specified in two (2) consecutive Firm Orders or (ii) [*] of Finished Product quantities specified in one (1) Firm Order, provided that in (i) and (ii) Schering has not cured the respective failure (if curable) within ninety (90) days and further provided that the right to cure (ii) shall not be applicable after such failure has occurred a second time in two (2) Contract Years;