Example ContractsClausesCredit for Shortfall
Credit for Shortfall
Credit for Shortfall contract clause examples

Shortfall Credit. If there is a Shortfall for a Product in a Year, then [[Organization A:Organization]] will credit Client’s account for the amount of the Shortfall not later than ​ days after the end of each Year.

Credit for Shortfall. If there is a Shortfall for the Product in a Year, then Patheon will credit Client’s account for the amount of the Shortfall not later than ​ after the end of the Year. If there is a Surplus for a Product in a Year, then Patheon will be entitled to apply the amount of the Surplus as a credit against any Shortfall for that Product which may occur in the next Year. If there is no Shortfall in the next Year the Surplus credit will expire. Each credit under this [Section 2.2(c)] will be summarized on the reconciliation report form set forth in [Schedule G]. Upon expiration or termination of this Agreement, any remaining credit owing under this Section will be paid to Client. The Annual Shortfall, if any, will be disclosed by Patheon on the reconciliation report form.

Shortfall Credit Calculation. Patheon will use commercially reasonable efforts to maintain AAY levels for the Product above the applicable Target Yield. If the Actual Annual Yield falls more than ​ for less than ​ batch ​ for ​ batches, or ​ for greater than ​ batches below the respective Target Yield in a Year, then the shortfall for the Year (the "Shortfall") will be calculated as follows:

Credit for Shortfall. If there is a Shortfall for a Product in a Year, then Patheon will credit Client’s account for the amount of the Shortfall not later than ​ days after the end of the Year. Each credit under this [Section 2.2(c)] will be summarized on the reconciliation report form set forth in Exhibit D. Upon expiration or termination of a Product Agreement, any remaining credit owing under this Section will be paid to Client. The Annual Shortfall, if any, will be disclosed by Patheon on the reconciliation report form.

Shortfall Credit Calculation. If the Actual Annual Yield falls more than ​ percent (​) below the respective Target Yield in a Year, then the shortfall for the Year (the "Shortfall") will be calculated as follows:

Shortfall. ​. If ​, RA will pay to [[PTC:Organization]] an amount equal ​. One half of such amount will be made on or before the applicable Measurement Date, and the balance of such amount will be paid no later than ​ after the applicable Measurement Date. In recognition of the fact that the exact amount will not be known until at or after the Measurement Date, the Parties will, approximately ​to the Measurement Date, estimate the amount (if any) in order to make it possible to make the first payment before the Measurement Date, and the Parties will then true up the exact amount owed in the second payment. In addition:

Shortfall Calculation. If the Actual Annual Yield falls more than ​ below the respective Target Yield in a Year, then the shortfall for the Year (the "Shortfall") will be calculated as follows:

Credit for Shortfall. If there is a Shortfall for a Product in a Year, then [[Organization A:Organization]] will credit Client's account for the amount of the Shortfall not later than ​ days after the end of the Year.

Credit for Shortfall. If there is a Shortfall for the Supplied Product in a Year and the amount of such Shortfall exceeds any carried forward Bonus (within the meaning of [Section 7.7(a)(v)]), then Manufacturer shall credit Acorda’s account in accordance with [Section 3.2(a)] for the amount of the Shortfall in excess of such Bonus amount, if any, up to the limitation of liability set out under [Section 10.1], not later than 60 days after the end of the Year (or any modification of a previously delivered annual reconciliation that shows a Shortfall or an increased Shortfall for the Year).

Termination for Revenue Shortfall. After each anniversary date of Commercial Launch, either Party shall be entitled to terminate the Agreement if cumulative Net Sales have not exceeded the amount set forth below in the twelve (12) month period immediately preceding such anniversary date (the “Minimum Net Revenue” or “MNR”) so long as such termination right is exercised within thirty (30) days of such anniversary date by providing written notice to the other Party:

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