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 4.6 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

• Maltreatment in the form of Neglect for Failure or Inability to Supply Necessary Supervision has not been substantiated on [Petitioner].

• Endo may terminate this Agreement with immediate effect by written notice to such effect to Vyrix should there be a Long Term Inability to Supply that persists for six (6) months after the scheduled delivery of the goods as described in 6.5.

• In the event that Vyrix experiences a Short Term Inability to Supply, for any reason other than as a result of Force Majeure, Vyrix shall rescind the requirements for payment of Royalties to Vyrix as listed in Section 9.5 for an equivalent period of time of any resulting direct loss of sales (by virtue of a product backorder).

• But it's a poor policy to collect unreported income and then attempt to have it included in adjusted net income for evaluation purposes.

• In the event that a Long Term Inability to Supply with respect to the Product has occurred and is continuing, Aytu shall have the right to purchase Product from one or more alternative Third Party suppliers and require Acerus to transfer to Aytu and such Third Party supplier all of the technology necessary for such Third Party supplier to carry out its supply obligations.

More Definitions of Inability to Supply

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 Xxxxxxx-Xxxxx Squibb Company, Xxxxxxx-Xxxxx 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 quantities of any Product that the Supplier is required to supply pursuant to Article VII and Section 8.04(a).

Inability to Supply means: (X) with respect to any 60-day period, more than *** of the NanoKans to be delivered during such period were delivered more than 30 days after the respective delivery dates *** Portions of this page have been omitted pursuant to a request for Confidential Treatment and filed separately with the Commission. therefor; or (Y) with respect to any six-month period, more than *** of the NanoKans to be delivered during such period were delivered after the respective delivery dates therefor, provided, in each case, that not more than *** nor fewer than *** NanoKans were to be delivered during any 30-day period.

Inability to Supply means: (i) with respect to the supply of API for Approved Studies, Contingent Approved Studies or Sole-Funded SFI 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 required to conduct such Approved Study, Contingent Approved Study or Sole-Funded SFI Registrational Study, as the case may be, during the applicable time period; 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 Manufacturing Standards equal to at least [*] of the quantity of API required for commercial sales during the applicable time period." * Omitted and filed separately pursuant to a request for confidential treatment submitted to the Securities and Exchange Commission.

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 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).