Supply Delay definition

Supply Delay means any instance where the delivery of any quantity of Product to Talis pursuant to a Purchase Order (or Annual Commitment PO) timely delivered and in accordance with this Agreement occurs on a date later than the specified delivery date set forth in the applicable Purchase Order (or Annual Commitment PO), excluding any delay that is attributable to Talis or that is outside of the reasonable control of thX. For clarity, “Supply Delay” shall not include any delay in delivery to the extent caused by the following: (i) a Force Majeure Event; or (ii) Talis’ failure to supply raw materials to be supplied by Talis under Section 4.1.
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Supply Delay means, solely for purposes of this Section, Corium’s failure to deliver [***] of the Product ordered under an accepted Purchase Order due to reasons under the reasonable control of the Corium within [***] of the delivery date. A Supply Delay will not be deemed to occur if (i) such failure is caused by a Force Majeure Event, or (ii) the volume ordered exceeds [***] of the volume set forth in the applicable Firm Forecast (but only in respect of the excess). Beginning [***], in the event of a Supply Delay, Corium shall credit Agile on Product invoices an amount equal to [***].
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Supply Delay means ▇▇▇▇▇▇ has failed to cure a Supply Deficiency by delivering the full quantity of Client Product ordered within [**] days from a notice of Supply Deficiency from Ophthotech. A “Supply Failure” means in a [**]-month period ▇▇▇▇▇▇ has failed to deliver at least [**] percent ([**]%) of the number of Lots ordered for delivery during such period. In connection with the foregoing, ▇▇▇▇▇▇ shall not be responsible for delays due to lack of delivery of Client-Supplied Components or delays in reviews, approvals, information, documents or other items to be provided or performed by Client (assuming ▇▇▇▇▇▇ has provided all relevant information and documentation, as required hereunder), and any such delays shall be excluded in determining the time periods set forth in this Section 5.5(a).
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Examples of Supply Delay in a sentence

  • In the case of a Chronic Supply Delay, thX shall (i) conduct a root cause analysis to identify the cause of the supply failure and provide to Talis a written report detailing the cause of the supply failure, and (ii) deliver a corrective action plan to Talis which plan shall identify the steps thX will take to remedy the supply failure and mitigate the likelihood of reoccurrence, including a schedule for implementation of the plan.

  • A Supply Delay will not be deemed to occur if (i) such failure is caused by a Force Majeure event, (ii) the volume ordered exceeds [***] of the volume set forth in the applicable forecast (but only in respect of the amount exceeding [***]% of the forecasted volume).

  • In the event of a Supply Delay, Supplier shall credit Buyer on Product invoices an amount equal to [***] ([***]) percent of the applicable price for the delayed Product for each [***] period (or portion thereof) beyond the delivery date in which the delivery is not made (e.g. [***] ([***]) percent) invoice reduction for any Product that is delivered [***] after the applicable delivery date and [***] ([***]) percent invoice reduction for any shipment that is delivered [***] after the delivery date, etc.).

  • In addition, in the event any Non-Conformity causes a Supply Delay or in the event of a Latent Defect, Client shall have the remedies set forth in Section 5.5(c).

  • In no event, however, shall Supplier be required to credit Buyer on Product invoices an amount greater than [***] ([***]) percent of the supply Price for the Product subject to the Supply Delay.

  • In addition, for so long as a Supply Delay is continuing, Client shall be permitted, without penalty, to cancel, in whole or in part, any or all other open Purchase Orders for Production (i.e. those not subject to the remedies above) and to revise the Forecast accordingly.

  • The parties acknowledge and agree that Client’s damages in the event of a Supply Delay will be substantial and difficult to calculate.

  • Notwithstanding Sections 3.3.8 and 3.3.9, if a Firm Order is made to compensate for a Supply Delay or Supply Failure (“Compensating Order”), WUXI BIOLOGICS shall [***] commence a Run as soon as possible for the additional quantity by the date set forth in said Firm Order/Compensating Order and in no case later than [***].


More Definitions of Supply Delay

Supply Delay means, solely for purposes of this Section, Supplier's failure to deliver at least [***] ([***]) percent of the quantity of Product ordered in an accepted purchase order due to an act or omission of Supplier, or any other reasons under the control of the Supplier, within [***] of the delivery date. A Supply Delay will not be deemed to occur if (i) such failure is caused by a Force Majeure event, (ii) the volume ordered exceeds [***] of the volume set forth in the applicable forecast (but only in respect of the amount exceeding [***]% of the forecasted volume). In the event of a Supply Delay, Supplier shall credit Buyer on Product invoices an amount equal to [***] ([***]) percent of the applicable price for the delayed Product for each [***] period (or portion thereof) beyond the delivery date in which the delivery is not made (e.g. [***] ([***]) percent) invoice reduction for any Product that is delivered [***] after the applicable delivery date and [***] ([***]) percent invoice reduction for any shipment that is delivered [***] after the delivery date, etc.). In no event, however, shall Supplier be required to credit Buyer on Product invoices an amount greater than [***] ([***]) percent of the supply Price for the Product subject to the Supply Delay.
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Supply Delay shall have the meaning set forth in Section 5.5(a).
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Related to Supply Delay

  • Supply Failure shall have the meaning ascribed to it in Section 2.8.

  • Supply Pipe means any part of a service pipe which a water undertaker could not be, or have been required to lay under section 46 of the Water Industry Act 1991; and

  • Gas Supply Deficiency means any occurrence relating to Seller's gas supply which causes Seller to deliver less than the total requirements of its system, including failures of suppliers to deliver gas for any reason, requirement of gas for system storage, conservation of gas for future delivery, or any other occurrence which is not enumerated herein which affects Seller's gas supply.

  • Supply Period means for a Supply Point, the period beginning on the Start Date and ending on the Termination Date;

  • Tenant Delay means an actual delay in the occurrence of the Substantial Completion Date or the Final Completion Date with respect to Landlord’s Work as the result of: (1) any unreasonable delay by Tenant in approving the Plans; (2) any request by Tenant that Landlord delay the commencement or completion of Landlord’s Work for any reason; (3) any request by Tenant to change the Plans after initial approval thereof by Tenant, or the making of any changes to Landlord’s Work requested by Tenant and agreed to by Landlord after initial approval of the Plans by Tenant; (4) any failure by Tenant to respond in writing within seven (7) business days after any written request by Landlord for clarification or interpretation of the Plans or for approval of changes in the Plans deemed necessary by Landlord; or (5) any other act or omission of Tenant or its officers, agents, employees or contractors; Notwithstanding the foregoing, no event shall be deemed to be a Tenant Delay until and unless Landlord has given Tenant written notice (the “Tenant Delay Notice”) advising Tenant (i) that a Tenant Delay is occurring, (ii) of the basis on which Landlord has determined that a Tenant Delay is occurring, and (iii) the actions which Landlord believes that Tenant must take to eliminate such Tenant Delay, and Tenant has failed to correct the Tenant Delay specified in the Tenant Delay Notice within forty-eight (48) hours following receipt thereof. No period of time prior to expiration of such 48-hour period shall be included in the period of time charged to Tenant pursuant to such Tenant Delay Notice if Tenant corrects the Tenant Delay specified in the Tenant Delay Notice within such 48-hour period.