Failure to Supply. If [[Durect:Organization]] is unable to supply sufficient quantities of Product or corresponding placebo to fulfill the quantities reasonably required for the preclinical, non-clinical and Phase 1 Clinical Trial development of Product for which Gilead is responsible under this Agreement, ​.

Failure to Supply. "Supply Delay" means, solely for purposes of this Section, Supplier's failure to deliver at least ​ (​) percent of the quantity of Product ordered in an accepted purchase order due to an act or omission of Supplier, or any other reasons under the control of the Supplier, within ​ of the delivery date. A Supply Delay will not be deemed to occur if # such failure is caused by a Force Majeure event, # the volume ordered exceeds ​ of the volume set forth in the applicable forecast (but only in respect of the amount exceeding ​ of the forecasted volume).

Failure to Supply. In the event West fails to deliver the quantities of Product specified in any binding purchase order by the delivery date set forth therein for any two (2) consecutive calendar months with a combined unit shortage greater than ​. West will provide daily updates on progress and status of the corrective action if so required by the Customer until the required supply has been fulfilled.

Failure to Supply. Notwithstanding the provisions of Section 12.01, in the event that any of the following occur:

Supply Failure. If a Supply Failure occurs, the Parties agree to, in accordance with [Section 7.1] (Manufacturing Committee) of the License Agreement, ​. If a second Supply Failure occurs within any ​ year period during the term of this Agreement, # such second Supply Failure (and only such supply failure) ​, and # VF shall have the right to have CCX undertake technology transfer of the Manufacturing Services for the Product to a Third Party ​. Such technology transfer costs will be at CCX’s expense and will be executed in a timely manner and in accordance with industry standards. The rights and obligations under this Section 5.5 # shall be subject to the terms and conditions of any applicable CMO agreement(s).

Failure of Supply. A “Failure to Supply” shall occur if at any time during the Term Catalent: # during any single Contract Year ​, delivers Product pursuant to a Purchase Order ​, or # at any time during the Term, is unable to deliver Product pursuant to a Purchase Order ​. Once the parties mutually agree that the Catalent Facility is able to supply Product again, Client shall cease issuing purchase orders for Product from any third party alternate supplier, within a commercially reasonable period of time and in no event later than ​. Notwithstanding anything in this Agreement to the contrary, Catalent shall not be required to transfer any Catalent Confidential Information or other confidential or proprietary materials or information of Catalent to any third party. Notwithstanding the foregoing, Client shall not be entitled to exercise the remedies in this Section 2.2(B) or terminate this Agreement in accordance with the terms of this Agreement, upon Catalent’s inability to supply Product as a result of ​.

Continuous Supply Failure. Subject to the terms and conditions of this Agreement, Customer may terminate this Agreement early by providing […​…] prior written notice in the event [[Illumina:Organization]] does not provide TG Consumables or Temporary Consumables for valid Purchase Orders accepted by [[Illumina:Organization]] for a period of […​…].

Patheon shall notify Client immediately upon becoming aware of an event that would render Patheon unable to supply any quantity of the Product required to be supplied hereunder. If the event is caused by a breach of this Agreement by Patheon, Patheon shall use commercially reasonable efforts to remedy such shortage, including allocating a pro-rata portion of any available materials or capacity based on the production of the Product for Client and Patheon’s other uses according to the relative quantities used by each during the immediately preceding ​ prior to such shortage without regard to price; provided, however, that Client shall receive treatment proportionately no less favorable than any of Patheon’s other supply arrangements with respect to allocation of such materials or capacity.

Request to Supply. If ITEOS requests supply of Licensed Product from GSK for Development activities (including Additional Development Activities) conducted hereunder, then prior to any such supply, the Parties will enter into a clinical supply agreement and quality agreement under which GSK will, subject to [Section 5.3] (Prioritization of Supply), supply Licensed Product to ITEOS at a supply price equal to ​. Any requests for supply of Licensed Product by ITEOS from GSK will be ordered under such clinical supply agreement pursuant to the terms thereof and the Parties will not be obligated to enter into any additional supply agreements. The clinical supply agreement shall include terms for the required lead time from the date GSK receives the purchase order from ITEOS and the requested delivery date in the purchase order and will be on terms customary for supply agreements between collaboration partners with respect to Development of products.

Obligation to Supply. During the Term and subject to the terms and conditions of this Agreement, [[Surmodics:Organization]] shall Manufacture and supply the Product to Abbott or its Affiliates at the Transfer Price in effect at the time the applicable PO is placed as set forth herein.