Supplier Deficiency definition

Supplier Deficiency means the inability of Supplier, for any reason whatsoever (including Force Majeure and regardless of whether the cause thereof constitutes a breach by Supplier of its obligations under this Agreement) to ship any Product timely ordered by Customer on or before the shipment date stipulated in Customer's purchase order, in accordance with the provisions of Paragraph 11. If a Quantity Deficiency shall occur and shall not be caused, in whole or in part, by a Supplier Deficiency, such Quantity Deficiency shall not constitute a breach of this Agreement by Customer, so long as the same is satisfied in the Succeeding Year by Customer as provided above. If a Supplier Deficiency shall occur, the same shall not constitute a breach of this Agreement by Supplier if excused by Force Majeure, as provided in Paragraph 29. If a Supplier Deficiency constitutes a breach by Supplier of its obligations under this Agreement, Customer may terminate this Agreement if such Supplier Deficiency shall continue for more than ninety (90) days and, provided further that, regardless of the cause of such Supplier Deficiency (including Force Majeure), if the same shall continue for more than three hundred and sixty-five (365) days, Customer may terminate this Agreement. Any such termination of this Agreement by Customer shall be upon thirty (30) days prior written notice to Supplier. The termination of this Agreement by Customer, as provided above, shall not be the exclusive remedy by Customer and Customer shall have, in addition, such other remedies as shall be afforded by law or equity. For so long as any Supplier Deficiency shall continue, regardless of its cause, Customer shall have the right to purchase Products from other suppliers. If, during any Contract Year, there shall exist one or more Supplier Deficiencies, regardless of their cause or causes, then, the provisions of this Agreement shall continue to apply during such Supplier Deficiencies and Customer shall be obligated to purchase the Minimum Quantity and to offer to purchase the Optional Quantity for such Contract Year, failing which Quantity Deficiencies shall arise, as provided above and with the same effect as in all other cases except that:
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Supplier Deficiency has the meaning specified in Section 4.09. -------------------
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Supplier Deficiency means the inability of Supplier, for any reason whatsoever (including Force Majeure and regardless of whether the cause thereof constitutes a breach by Supplier of its obligations under this Agreement) to ship any Product timely ordered by Customer on or before the transfer date stipulated in Customer's purchase order, in accordance with the provisions of Paragraph 7.1.
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Examples of Supplier Deficiency in a sentence

  • If, during any Contract Year, Customer shall, for any reason whatsoever (other than a "Supplier Deficiency", as defined below), fail to purchase from Supplier the Minimum Quantity for such Contract Year, as provided in Paragraph 2, the difference between the Minimum Quantity and the amount of Products actually purchased during such Contract Year shall be deemed the "Minimum Quantity Deficiency".

  • If, during any Contract Year, Customer shall, for any reason whatsoever, other than a Supplier Deficiency, fail to offer to purchase from Supplier the Optional Quantity for such Contract Year, as provided in Paragraph 3, the difference between the Optional Quantity and the amount of Products which Customer shall have actually offered to purchase during such Contract Year shall be deemed the "Optional Quantity Deficiency".

  • The "Supplier Deficiency" for any ------------------- Fiscal Year shall be equal to the excess of the actual amount of the Products Liability Payments for such Fiscal Year over the amount that such Products Liability Payments would have been but for the Products Liability Cap.

  • In the event of a Quantity Deficiency for any Contract Year ("Deficiency Contract Year") and absent a Supplier Deficiency during the Deficiency Contract Year, anything herein above to the contrary notwithstanding, Customer shall be obligated, during the next succeeding Contract Year ("Succeeding Contract Year"), to offer to purchase all of its Requirements for Products from Supplier until its purchases of Products, in pounds, equal the Quantity Deficiency attributable to the Deficiency Contract Year.

  • The Distributor shall make Excess Payments --------------- in each Fiscal Year until the sum of the Excess Payments in such Fiscal Year and all preceding Fiscal Years beginning with the Sixth Insurance Year is equal to the Supplier Deficiency in that Fiscal Year and all preceding Fiscal Years beginning with the Sixth Insurance Year.