Supply Failure definition

Supply Failure has the meaning given to it in Section 7.5.2 (Supply Failure).

Supply Failure shall have the meaning set forth in Section 7.6.1.

Supply Failure has the meaning set forth in Clause 4.7.

Examples of Supply Failure in a sentence

• In the event of a termination for Wholesale Supply Failure, Gexa shall pay Customer a Wholesale Termination Payment if required by Section 5.5.

• This DE Early Termination Penalty shall not apply to any DE termination of this Agreement for any Force Majeure Event or any other cancellation or early termination allowed to be made without penalty under this Agreement, including, without limitation a Wholesale Supply Failure.

• For purposes of clarity, nothing in this section shall excuse ENDOCEUTICS from remedying those matters which were capable of remedy by ENDOCEUTICS as appropriate through the application of commercially reasonable efforts prior to the occurrence of a Supply Failure or shall excuse ENDOCEUTICS from complying with applicable regulations.

• SAVIENT agrees that for SAVIENT Products it shall procure Activated PEG from NOF on an exclusive basis and shall not purchase or otherwise procure Activated PEG from any Third Party during the Term of the Agreement; provided, however, that in the event a Supply Failure shall occur SAVIENT shall have the right, but not the obligation, to obtain such quantities of Activated PEG as it may require for such a period of time until the Supply Failure has been remedied to SAVIENT’s reasonable satisfaction.

• In the event of a Supply Failure, (a) Neos may terminate the Neos Exclusivity Commitment under Section 1.1 immediately upon written notice to CPI, (b) Neos shall be excused from its Minimum Annual Purchase Requirements for the remainder of the Term, and (c) Neos shall have the right to terminate this Agreement upon written notice to CPI.

More Definitions of Supply Failure

Supply Failure has the meaning set forth in Section 4.8.

Supply Failure has the meaning set forth in Exhibit A.

Supply Failure means [***].

Supply Failure means BTG has experienced three (3) failed batches of Bulk Product within a calendar quarter, or four (4) failed batches of Bulk Product aggregated over the course of two consecutive quarters, or six (6) failed batches of Bulk Product aggregated over the course of a calendar year. For purposes of this definition, any Bulk Product that is discovered and notified by Savient in accordance with Section 6.04 (iv) to be Non-Conforming Bulk Product after delivery shall be considered a failed batch. In the event of a Supply Failure during the Reservation Fee Period, the period covered by the Reservation Fee Period shall be extended by the quarterly or other period of such Supply Failure.

Supply Failure has the meaning to be set forth in the Supply Agreement.

Supply Failure means Eagle’s failure to supply AG Product, which has been ordered pursuant to a purchase order submitted by Sandoz in accordance with Sections 4.2, 4.3, 4.4 and 4.5, within [*] after the end of the time period set forth in Section 4.4(iv).

Supply Failure means, with respect to the given PCV Clinical Supply Agreement, SAV Clinical Supply Agreement, Commercial Supply Agreement or Exhibit K, the meaning given to such term in such PCV Clinical Supply Agreement, SAV Clinical Supply Agreement, Commercial Supply Agreement or Exhibit K, as applicable, for an event or circumstance, [***].