Example ContractsClausesFailure to Supply
Failure to Supply
Failure to Supply contract clause examples
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Supply. [[Agenus:Organization]] shall have no further obligation to supply to [[Organization A:Organization]], its Affiliates or their respective Sublicensees and Subcontractors with [[Agenus:Organization]] Antibody.

[ * ] Supply. Subject to Sections [ * ] shall be responsible, itself and/or through Affiliates or Third Party contract manufacturers, for the Manufacture and supply of [ * ] Compounds and Collaboration Products for use [ * ] in the Development and Commercialization under this Agreement, [ * ].

Supply. In the event that Siemens develops a Next Generation MRI System during the five year period following the Effective Date, [[ViewRay Parent:Organization]] and Siemens shall, at [[ViewRay Parent:Organization]]’s option, enter into a supply arrangement (by amending the MRI Agreement or entering into a new supply agreement) whereby Siemens shall provide to [[ViewRay Parent:Organization]] components for such Next Generation MRI System, components for Upgrade Kits, spare parts and service support, each on commercially reasonable terms. Any such amendment or new supply agreement for such Next Generation MRI System shall # have a term of at least five years, with supply to continue for at least five years following expiration or termination for any reason and # incorporate [Sections 8.1 and 8.2]2] of the MRI Agreement.

Failure to Enroll. An Eligible Employee who does not complete the online enrollment on or before the Enrollment Date will not participate in the Plan for that Offering Period, nor for any subsequent Offering Period unless such Eligible Employee subsequently enrolls in the Plan by completing the online enrollment form by the Enrollment Date for such subsequent Offering Period.

Failure to Pay. [[Loan Agreement:Organization]] shall fail to pay # when due any principal or interest payment on the due date hereunder or # any other payment required under the terms of this Note on the date due, and (in either case) such payment shall not have been made within twenty (20) days of [[Loan Agreement:Organization]]’s receipt of Holder’s written notice to [[Loan Agreement:Organization]] of such failure to pay;

Failure to Perform. [[Loan Agreement:Organization]] fails to perform any obligation under this Note and does not cure that failure within twenty (20) days of [[Loan Agreement:Organization]]’s receipt of Holder’s written notice to [[Loan Agreement:Organization]] of such failure to perform; or

Failure to Reimburse. If a Party elects not to reimburse the other Party for ​ percent (​) of the costs and expenses of preparation, filing, prosecution and maintenance of a Patent application or Patent within the Combined Therapy Patent Rights in a given country, the non-reimbursed Party shall have the right, but not an obligation, to prepare, file, prosecute or maintain such Patent application or Patent in such country in its own name and at its own expense, with the prior written consent of the other Party (which shall not be unreasonably withheld) and the other Party shall promptly assign, without additional consideration, all of its rights, title and interest to the Patent application or Patent in said country and any inventions covered by such Patent application or Patent to the non-reimbursed Party if the non-reimbursed Party wishes to prepare, file, prosecute or maintain said Patent application or Patent. After giving effect to such assignment, such assigned invention and any corresponding Combined Therapy Patent Rights thereto shall be the treated as a BioXcel Independent Patent Rights or Nektar Independent Patent Rights, as applicable. The Party who does not wish to prepare, file, prosecute or maintain a Patent application or Patent within the Combined Therapy Patent in any country shall assist in the timely provision of all documents required under national provisions to register said assignment of rights with the corresponding national authorities at the sole expense of the Party who wished to prepare, file, prosecute or maintain such Patent application or Patent in that given country. Nektar shall have the right to disclose to BMS, subject to the confidentiality provisions of the SCA governing disclosures of Nektar confidential information to BMS, applications for Patents, amendments thereto, assignment-related documents and other related correspondence to and from Patent offices contemplated by this subsection # to the extent necessary to comply with Nektar’s obligations under the SCA, provided that Nektar shall not disclose any confidential information of the CPI Compound supplier in connection therewith (to

Failure to Pay. [[Loan Agreement:Organization]] shall fail to pay # when due any principal or interest payment on the due date hereunder or # any other payment required under the terms of this Note on the date due, and (in either case) such payment shall not have been made within twenty (20) days of [[Loan Agreement:Organization]]’s receipt of Holder’s written notice to [[Loan Agreement:Organization]] of such failure to pay;

Failure to Perform. [[Loan Agreement:Organization]] fails to perform any obligation under this Note and does not cure that failure within twenty (20) days of [[Loan Agreement:Organization]]’s receipt of Holder’s written notice to [[Loan Agreement:Organization]] of such failure to perform; or

Failure to Pay. If any Secured Party fails to pay any amount when due by it to Agent pursuant to the terms hereof, such amount shall bear interest, from the due date until paid in full, at the rate determined by Agent as customary for interbank compensation for two Business Days and thereafter at the Default Rate for LIBOR Loans. In no event shall Borrowers be entitled to receive credit for any interest paid by a Secured Party to Agent, nor shall any Defaulting Lender be entitled to interest on any amounts held by Agent pursuant to Section 4.2.

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