Supply Shortage. If there is insufficient clinical supply of Program 1 Antibody or Program 1 Product to satisfy planned or ongoing Clinical Trials in both the United States and the Incyte Territory at any given time, the Party responsible for supplying such clinical supply shall make half of such supply available for the United States and half available for the Incyte Territory (or such other allocation as may be mutually agreed by the Parties).
Supply Shortage. If, by reason of any of the causes described in this Clause 11 (“Disruption to Delivery”), or by reason of production problems at the FPSO Terminal or reduction of production by a Governmental Authority, a shortage of supply occurs, then Seller has the right to freely withhold, reduce or suspend Deliveries under this Agreement to a level below the nominated quantity for that period as set forth below. Any shortage of supply shall result in Seller first canceling any uncommitted spot volumes. If that is not sufficient to deal with the supply shortage, then any further reduction shall be allocated among Seller’s term customers on a fair and approximately ratable basis. For the purposes hereof, Buyer shall be considered a term buyer of Oil.
Supply Shortage. In the event that Santarus and GSK are using the same contract manufacturer for Licensed Products or API and there is any shortage of supply of Licensed Products or API to either Party as a result of a Force Majeure event, the Parties shall promptly meet to seek to agree on an equitable allocation of Licensed Products or API, as applicable, for inside and outside the GSK Territory.
Supply Shortage. In the event of any shortage experienced by GELESIS with respect to any inputs or capacity that may reasonably be expected to affect GELESIS’ ability to satisfy its supply obligations hereunder in respect of a particular month, then GELESIS shall notify RO promptly after it becomes aware of such circumstances that could reasonably be expected to result in any such shortage. GELESIS shall, unless mutually agreed otherwise by the Parties, allocate its available inputs and capacity pro rata amongst the affected Purchase Order(s) and any order of any Third Party dispensing the Product that has been prescribed by a Health Care Provider to an End User in the course of providing medical services to such End User in person. [***].
Supply Shortage. (a) CIMYM shall notify DAIICHI immediately upon becoming aware that CIMAB or CIMAB's Contract Manufacturer is unable to supply CIMYM the quantity of the Licensed Product ordered by DAIICHI. In such circumstances, CIMYM and CIMAB shall use all best endeavours to remedy such shortage.
Supply Shortage. In the event Baxter materially fails to supply the No Charge Paste to Kamada as contemplated in this Agreement, Kamada reserves the right to: manufacture the A1PI finished product for distribution in the Baxter Territory using alternative paste from an alternative raw material supplier or suppliers; provided that all regulatory requirements and Specifications for the A1PI finished product are met. In such event, the transfer price charged to Baxter shall be adjusted to reflect the actual incremental costs (if any) incurred by Kamada for such alternative paste; provided, however, that in no event shall the transfer price exceed [*****] of the then prevailing Market Price for A1PI finished product.
Supply Shortage. 5.5.1 CIMYM shall notify IGK immediately upon becoming aware that CIMAB or CIMAB's Contract Manufacturer is unable to supply CIMYM the quantity of the Licensed Product ordered by IGK. In such circumstances, CIMYM and CIMAB shall use all commercially reasonable endeavours to remedy such shortage.
Supply Shortage. In the event of any supply interruption or inadequate quantities of the Device available to fulfill Serendex’s requirements, PARI shall provide to Serendex not less than Serendex’s pro rata portion of all available quantities of devices based on then-pending forecasts of all PARI customers.
Supply Shortage. A “Supply Shortage” shall be deemed to have taken place if quantities of Conforming Product supplied by Halo to Client are either [*****]. A Supply Shortage shall be considered a material breach of this Agreement, but such breach shall be deemed cured upon tender of delivery by Halo of Conforming Product within the applicable cure period.
Supply Shortage. If there is a shortage of any Licensed Product, then without limiting Avigen’s entitlement to have its orders under Supply Terms Section 2.3 filled to the full extent they do not exceed [*] of the applicable forecast under such Supply Terms Section, Avigen shall be entitled to be supplied with at least a proportionate share of the available quantities of Licensed Products. Such proportionate share shall be calculated based on (a) Avigen’s historical orders relative to the total of Avigen’s, SDI’s and SDI’s Other Licensees’ orders (or usage) in the year leading up to the shortage, or (b) if Avigen had not yet Commercially Launched the affected Licensed Product at least [*] prior to the shortage, the US market size, relative to the size of the market in the countries where SDI and its Other Licensees have Regulatory Approval for such Licensed Product.
