Common use of Shortage; Allocation Clause in Contracts

Shortage; Allocation. If a Party believes in good faith that it will not be able to fulfill its supply obligations hereunder because its Compound is in short supply, such Party will provide prompt written notice to the other Party of such shortage, the shipments of Compound hereunder expected to be impacted and the quantity of its Compound that such Party reasonably determines it will be able to supply and the Parties will promptly discuss the situation (including allocation of Compound supplied hereunder within the MSD Compound Study). The Party experiencing the shortage shall [***].

Appears in 2 contracts

Sources: Clinical Trial Collaboration and Supply Agreement (IO Biotech, Inc.), Clinical Trial Collaboration and Supply Agreement (Evaxion Biotech a/S)