Supply Shortfall definition

Supply Shortfall means a failure of RTI to supply at least eighty-five percent (85%) of the Firm Orders submitted by Zimmer under this Agreement for a specific category of Implants (as designated on Exhibit A) for three (3) months in any consecutive rolling nine-month period.

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Supply Shortfall means a Pulpwood Supply Shortfall or a Sawtimber Supply Shortfall.

Supply Shortfall means a failure of OEM to supply at least eighty-five percent (85%) of the Binding Orders submitted by RTI under this Agreement for a specific category of Products (as designated on Exhibit [●]) for three (3) months in any consecutive rolling nine-month period.

Examples of Supply Shortfall in a sentence

In the event that a shortfall occurs in the Annual Purchase Obligation, or in the Annual Supply Obligation, the Purchase Shortfall Amount or the Supply Shortfall Amount, as the case may be, shall be payable within forty-five (45) days of the date that a written claim is made, provided that such claim shall not be made until the amount of the shortfall can be determined with reasonable certainty.
In the event of Supplier’s failure to perform any of its material obligations under this Agreement (including failure to deliver agreed upon amounts of Product and not making up the Supply Shortfall as contemplated by Section 2.1(b)), ▇▇▇▇▇ shall promptly give Supplier notice thereof.
In the event of Supplier’s failure to perform any of its material obligations under this Agreement (including failure to deliver agreed upon amounts of sand and not making up the Supply Shortfall as contemplated by Section 2.1(b)), Halliburton shall promptly give Supplier notice thereof.
If the Supply Shortfall Cover Amount is less than the Supply Shortfall Price, then the Supply Shortfall Amount will be zero.
Upon the occurrence, and only during the continued existence, of a Supply Shortfall, MSD shall have the right to sublicense temporarily to Third Party Suppliers any Intellectual Property Rights of RTI reasonably necessary to permit the Third Party Suppliers to process and manufacture Specialty Allografts and Bone Paste for distribution by MSD.
If Seller fails to make available for purchase by K-C the Annual Supply Obligation for any Contract Year, and such failure is not excused pursuant to this Agreement, then in lieu of any other direct, indirect, incidental, special, or consequential damages arising from Seller’s failure to sell, K-C shall be entitled to receive from Seller the Supply Shortfall Amount (as defined below).
The Supply Shortfall Amount shall be equal to the price paid by K-C for the Supply Shortfall Quantity on the open market (the “Supply Shortfall Cover Amount”), reduced by the price K-C would have paid Seller for the Supply Shortfall Quantity if Seller had supplied such Pulp as required by this Agreement (the “Supply Shortfall Price”) and increased by ten percent (10%) of the difference between the Supply Shortfall Cover Amount and the Supply Shortfall Price.
In the event of Supplier’s failure to perform any of its material obligations under this Agreement (including failure to deliver agreed upon amounts of sand and not making up the Supply Shortfall as contemplated by Section 2.1(e)), Halliburton shall promptly give Supplier notice thereof.
In the event of an Actual Supply Shortfall, the Purchase Commitment shall be reduced by the amount of the aggregate Actual Supply Shortfall.
In the event Supplier has incurred costs in executing the Purchase Order up to termination, FTSI shall reimburse Supplier for such documented ▇▇▇▇▇.▇▇ the event of Supplier’s failure to perform any of its material obligations under this Agreement (including failure to deliver agreed upon amounts of Product and not making up the Supply Shortfall as contemplated by Section 2.1(b)), FTSI shall promptly give Supplier notice thereof.

More Definitions of Supply Shortfall

Supply Shortfall means, with respect to [*], [*] or [*] that Onyx is supplying to Ono pursuant to this Agreement: (i) Onyx’s failure to deliver [*], or failure to deliver such [*], ordered by Ono for a period of [*] after the [*]; (ii) Onyx providing notice to Ono promptly after Onyx is aware that it will not be able to [*] supply [*], or [*] supply such [*], in accordance with the terms of this Agreement, the Carfilzomib Development Supply Agreement or Carfilzomib Commercial Supply Agreement (as applicable), such that the requirements of the preceding sub-clause (i) are met; or (iii) Onyx becoming insolvent or seeking relief from [*] = Certain confidential information contained in this document, marked by brackets, has been omitted and filed separately with the Securities and Exchange Commission pursuant to Rule 24b-2 of the Securities Exchange Act of 1934, as amended. creditors under bankruptcy laws, or ceasing to do business, and providing notice as described in the preceding sub-clause (ii).

Supply Shortfall shall have the meaning set forth in Section 3.3.

Supply Shortfall means, with respect to Bulk Product, (i) Onyx’s failure to deliver [**] Bulk Product ordered by Ono for a period of [**] after the [**], (ii) Onyx providing notice to Ono promptly after Onyx is aware that it will not be able to [**] supply Product in accordance with the terms of this Agreement such that the requirements of the preceding sub-clause (i) are met, or (iii) Onyx becoming insolvent or seeking relief from creditors under bankruptcy laws, or ceasing to do business, and providing notice as described in the preceding sub-clause (ii).