Quantitative Deficiencies Sample Clauses

The Quantitative Deficiencies clause defines the procedures and consequences when the quantity of goods or materials delivered falls short of the agreed-upon amount in a contract. Typically, this clause outlines how shortages are measured, the process for notifying the supplier, and the remedies available, such as replacement, price adjustment, or rejection of the deficient shipment. Its core function is to ensure that both parties have a clear understanding of their rights and obligations in the event of under-delivery, thereby minimizing disputes and ensuring contractual expectations are met.
Quantitative Deficiencies. In the event Amarin determines there is a quantitative deficiency in any shipment, with respect to the API volumes indicated on the applicable Purchase Order(s), Amarin shall properly document such deficiency and notify Chemport thereof in writing. Upon such notice, Amarin may, at its option: (a) pay only for actual quantities delivered, or (b) pay only for actual quantities delivered and require Chemport to rectify any such deficiency by shipping the appropriate quantities of API to or as directed by Amarin, in which case Amarin shall be obligated to pay for any such additional quantities pursuant to the terms and conditions of this Agreement. Chemport shall use commercially reasonable efforts to rectify any such deficiency on a priority basis and deliver such additional quantities of API as soon as possible.
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Quantitative Deficiencies. In the event Amarin determines there is a quantitative deficiency in any shipment, with respect to the API volumes indicated on the applicable Purchase Order(s), Amarin may: (i) pay only for actual quantities shipped; and (ii) require Equateq to rectify any such deficiency by shipping the appropriate quantities of API to or as directed by Amarin, in which case Amarin shall be obligated to pay for any such additional quantities pursuant to the terms and conditions of this Agreement. Equateq shall use commercially reasonable efforts to rectify any such deficiency, and shall ship such additional quantities of API as soon as possible.
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Quantitative Deficiencies. Distributor shall notify MPL in writing of any claim relating to quantitative deficiencies from the applicable shipping documentation in any shipment of Licensed Products for which Distributor considers MPL to be responsible within fifteen (15) days following receipt of any such shipment. Any claim for a quantitative deficiency from the applicable shipping documentation that is not made within such fifteen (15) days shall be deemed to have been waived by Distributor and Distributor shall be obligated to make payment for such Licensed Products in accordance with Sections 5.06, 5.07 and 5.08 above. In the event Distributor determines there is a quantitative deficiency from the applicable shipping documentation, the Parties shall investigate such deficiency and, if the Parties agree that MPL is responsible for such deficiency, the Actual Quantity shall be adjusted to reflect the Parties' agreement; provided, however, that MPL shall have the option of rectifying any such deficiency that occurred prior to shipment by promptly shipping the appropriate quantities of Licensed Products, as the case may be, to Distributor, in which case the Actual Quantity shall be readjusted to include such shipment. Distributor's exclusive remedy for any quantitative deficiencies shall be to pay only for actual quantities shipped or, at MPL's option, receive the appropriate quantities, as provided herein.(1)
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Quantitative Deficiencies. GWI shall inform Supplier of any ------------------------- claim relating to quantitative deficiencies in any shipment of Products within [*] following receipt of any shipment. In the event GWI determines there is a quantitative deficiency in any shipment, GWI shall, at its option: (i) only pay for actual quantities delivered; or (ii) require Supplier to rectify any such deficiency by promptly shipping the appropriate quantities of any relevant Product to or as directed by GWI or a GWI Affiliate, in which case GWI shall be obligated to pay for any such quantities pursuant to the terms and conditions of this Agreement.
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Quantitative Deficiencies. GSK shall inform Adolor of any claim relating to quantitative deficiencies in any shipment of Products within forty (40) days following receipt of any shipment. In the event GSK determines there is a quantitative deficiency in any shipment, with respect to the Product volumes indicated on the applicable Firm Order(s), GSK shall, at its option: (i) only pay for actual quantities delivered; or (ii) require Adolor to rectify any such deficiency by promptly shipping the appropriate quantities of any relevant Product to or as directed by GSK, in which case GSK shall be obligated to pay for any such quantities pursuant to the terms and conditions of this Agreement. Notwithstanding the foregoing, quantities actually shipped pursuant to a Firm Order may vary within the parameters established for the Products set forth in Section 3.5.1 to this Agreement and still be deemed to be in compliance with such Firm Order.
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Quantitative Deficiencies. In the event Inspire determines there is a quantitative deficiency in any shipment, with respect to the API volumes indicated on the applicable Purchase Order(s), Inspire may: (i) pay only for actual quantities delivered; and (ii) require Novasep to rectify any such deficiency by shipping the appropriate quantities of API to or as directed by Inspire, in which case Inspire shall be obligated to pay for any such additional quantities pursuant to the terms and conditions of this Agreement. Novasep shall use best efforts to rectify any such deficiency on a priority basis, and shall deliver such additional quantities of API as soon as possible.
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Quantitative Deficiencies. Myogen agrees to establish processes with the Customers to notify GSK in writing of any claim relating to quantitative deficiencies from the applicable shipping documentation in any shipment of Product for which Myogen considers GSK to be responsible within fifteen (15) calendar days following receipt of any such shipment. Any claim for a quantitative deficiency from the applicable shipping documentation that is not made within such fifteen (15) calendar days will be deemed to have been waived by Myogen and its Customers and Myogen will be obligated to make payment for such Product in accordance with Section 5.6 above. In the event Myogen determines there is a quantitative deficiency from the applicable shipping documentation, the Parties will investigate such deficiency and, if the Parties agree that GSK is responsible for such deficiency, the Actual Quantity will be adjusted to reflect the Parties' agreement; provided, however, that GSK will have the option of rectifying any such deficiency that occurred prior to shipment by promptly shipping the appropriate quantities of Product, as the case may be, to Myogen, in which case the Actual Quantity will be readjusted to include such shipment. Myogen's exclusive remedy for any quantitative deficiencies will be to pay only for actual quantities shipped or, at GSK's option, receive the appropriate quantities, as provided herein.
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Related to Quantitative Deficiencies

  • Performance Deficiencies If the City or the Quality Control Manager determine in their reasonable belief that any of the Infrastructure Improvements are not being constructed in accordance with the Infrastructure Improvement Plans or this Agreement in any material respect, they shall immediately notify RCP and Bliss Sports II in writing stating the alleged deficiency and the City, the Quality Control Manager, the Architect, RCP and Bliss Sports II will meet within seven (7) days of the giving of such notice to discuss whether the Infrastructure Improvements are not being constructed in accordance with the Infrastructure Improvement Plans or this Agreement in any material respect and, if the City, RCP and Architect agree that they are not, then RCP shall cause Bliss Sports II to correct such deficiencies. The failure by the City to provide any notice of any observed deficiency shall not give rise to any liability to the City and shall not be considered a waiver of any right of the City under this Agreement, including, without limitation, the enforcement of the representations and warranties of Bliss Sports II under this Agreement and any warranties that may be made to the City by any Contracting Parties under the Infrastructure Construction Contract Documents with respect to the completion of the Infrastructure Improvements in accordance with the Infrastructure Improvement Plans and the Project Timeline.

  • Deficiencies a. The Contractor agrees to cure transactions errors or deficiencies identified by DHCS, and transactions errors or deficiencies identified by an enrolled provider if the Contractor is acting as a clearinghouse for that provider. If the Contractor is a clearinghouse, the Contractor agrees to properly communicate deficiencies and other pertinent information regarding electronic transactions to enrolled providers for which they provide clearinghouse services.

  • Uncontrollable Events BISYS assumes no responsibility hereunder, and shall not be liable for any damage, loss of data, delay or any other loss whatsoever caused by events beyond its reasonable control.

  • Emergency Thresholds The following matrix presents the emergency thresholds that, if reached by any of the services mentioned above for a TLD, would cause the emergency transition of the Registry for the TLD as specified in Section 2.13 of this Agreement. DNS Service (all servers) 4-hour total downtime / week DNSSEC proper resolution 4-hour total downtime / week EPP 24-hour total downtime / week RDDS (WHOIS/Web-based WHOIS) 24-hour total downtime / week Data Escrow Breach of the Registry Agreement as described in Specification 2, Part B, Section 6.

  • Quantitative Analysis Quantitative analysts develop and apply financial models designed to enable equity portfolio managers and fundamental analysts to screen potential and current investments, assess relative risk and enhance performance relative to benchmarks and peers. To the extent that such services are to be provided with respect to any Account which is a registered investment company, Categories 3, 4 and 5 above shall be treated as “investment advisory services” for purposes of Section 5(b) of the Agreement.”