Alternative Sources. Force Majeure relief in respect of Seller for an event described in Section 14.1.1(e) affecting an alternate LNG source or facility thereat agreed between the Parties pursuant to Section 3.1.2 shall (a) only be available with respect to the cargo that is scheduled to be loaded at the Loading Port of such facility in the ADP or applicable Ninety Day Schedule for such Contract Year or, to the extent that the ADP for the following Contract Year has been issued, in the ADP for such following Contract Year and (b) not be available for an event affecting such alternate LNG source or facility thereat if such alternate LNG source or facility thereat was affected by such Force Majeure at the time it was nominated by Seller pursuant to Section 3.1.2 for the applicable cargo.
Alternative Sources. Distributor shall not purchase or otherwise obtain Products for resale from any source other than Avaya. If a product is not available through Avaya on a timely basis, Distributor may purchase the Product from another Authorized Distributor that purchased it from Avaya, using the Avaya alternate source policy set forth in the Business Partner Policy and Process Handbook (Distributors) and with Avaya’s prior approval, provided that such purchases are only to meet a specific customer need. Distributor’s purchase or resale of an unused Product shall be grounds for termination of this Agreement.
Alternative Sources. If Buyer does not reach agreement with Supplier on those matters required by this Section 4 to be mutually agreed upon in connection with a Product Development Project after good faith attempts by Buyer to reach such agreements, Buyer shall be permitted to implement such Product Development Project with third parties. 4.3 Non-Capital Expenditures for Product Development Projects. Supplier shall be responsible for scaling up, and implementing any manufacturing and supply changes required in connection with any Product Development Project. The actual direct, incremental expenses incurred as a result of any Product Development Project, consisting of material, packaging, direct hourly labor shall be allocated as follows: (a) If the total amount of such expenses for a single project do not exceed Fifteen Thousand Dollars ($15,000), Supplier shall pay the total amount of such expenses; provided , however, that Supplier shall not be obligated to incur more than Fifty Thousand Dollars ($50,000) of such expenses, in the aggregate, during any one (1) year of the Term. (b) If the total amount of such expenses exceed Fifteen Thousand Dollars ($15,000) per project or if the annual Fifty Thousand Dollar ($50,000) limit in Section 4.3(a) has been exceeded, Buyer shall pay the total amount of such excess. 4.4
Alternative Sources a. In the event Supplier cannot supply Customer with Products in accordance with the provisions of this Agreement, Customer may purchase Products from other sources until such time as Supplier can resume supply of Products in accordance with the terms hereof. Prior to any such purchase, Customer shall give the Supplier not less than 10 days’ prior written notice of its intention to make such a purchase; and if Supplier is able to fill Customer’s requirement for Products within such period, Customer shall purchase such Products from Supplier rather than an alternate source of supply.
Alternative Sources. NOVARTIS China may at any time identify to CBMG China alternative suppliers from which CBMG China may obtain any of the Materials (excluding the Toll Materials) at a lower cost and/or higher quality, in accordance with this Agreement. CBMG China may also, from time to time, request that NOVARTIS China approve an alternative supplier of Materials (excluding the Toll Materials) which has been identified by CBMG China. In either event, CBMG China and NOVARTIS China shall collaborate in order to obtain the necessary regulatory approvals and CBMG China shall utilize the alternative suppliers identified by NOVARTIS China following receipt of such approvals. CBMG China shall remain solely and fully liable for the performance of such alternative suppliers, including for the quality of the Materials delivered by any of such alternative suppliers and compliance with this Agreement, the Quality Agreement and the HSE Requirements.
Alternative Sources. NOVARTIS may at any time identify to SUPPLIER suppliers from which SUPPLIER may obtain any of the Components at a lower cost and/or higher quality, in accordance with this Agreement. In such event, SUPPLIER and NOVARTIS shall collaborate in order to obtain the necessary regulatory approvals and SUPPLIER shall utilize the suppliers identified by NOVARTIS following receipt of such approvals [***]. Once such suppliers are fully qualified and/or Validated, SUPPLIER shall be solely and fully liable for the performance of such alternative suppliers, including for the quality of the Components delivered by any of such suppliers and compliance with this Agreement, the Quality Agreement and the HSE Requirements.
Alternative Sources. If Buyer does not reach agreement with Supplier on those matters required by this Section 4 to be mutually agreed upon in connection with a Product Development Project after good faith attempts by Buyer to reach such agreements, Buyer shall be permitted to implement such Product Development Project with third parties.
Alternative Sources. Within seventy two (72) working hours of the occurrence of a Force Majeure Event, Customer and Service Provider will conduct a root cause analysis to determine the extent to which, and the duration that, the Force Majeure Event is likely to prevent Service Provider from performing its obligations in accordance with this Agreement and whether Service Provider is likely to promptly procure a suitable temporary alternate source for the affected Services.
Alternative Sources. Prior to using an Alternative Source, Seller shall obtain and provide to Buyer evidence that demonstrates to the reasonable satisfaction of Buyer that such Alternative Source produces Coal having the average quality characteristics described in Section 5.1, or otherwise as approved by Buyer, which approval shall not be unreasonably withheld.
Alternative Sources. Notwithstanding anything contained herein to the contrary, if a force majeure event is expected to affect Central's performance hereunder for a period of time between 14 and 120 days, then Solaris shall have the right, during such time and for a reasonable amount of time thereafter, to use alternate sources to perform Central's obligations hereunder. In connection therewith Solaris shall have the right (i) to make this Agreement nonexclusive (by service, Direct Account, territory or otherwise) with respect to the services to be provided by Central for Direct Accounts and (ii) to make this Agreement nonexclusive (by Solaris Product, Distributor Account, territory or otherwise) with respect to the rights of Central as a distributor of Solaris Products.
