Common use of Supply Constraints Clause in Contracts

Supply Constraints. In the event a Force Majeure event described in Section 10.1 hereof requires Baxter to limit deliveries and redistribute available supply of Recombinant Hemophilia Product, then Baxter will be relieved of its Base Level Product Volumes commitment. In such an event, Baxter will first make Recombinant Hemophilia Product available to meet Purchaser and other Hemophilia Specialty Pharmacy Providers' Base Level Product Volumes, the Prior Committed Volumes, the Government Program Committed Volumes and the PHS Committed Volumes (all four collectively referred to as "Firm Commitments"). If a Force Majeure event prevents Baxter from supplying the Firm Commitments, then Baxter's available supply will be made available on a pro-rata basis ▇▇ (i) customers with Firm Commitments, (ii) Baxter's emergency needs inventory, and (iii) customers wit▇ ▇▇▇▇▇▇usly accepted firm orders for delivery in that quarter. If Baxter's supply of Recombinant Hemophilia Product to Purcha▇▇▇ ▇▇ ▇educed as a result of pro-rata distribution pursuant to this Section 5.4, Purchaser's commitments to purchase Recombinant Hemophilia Product set forth in Sections 5.1 will be reduced by an equivalent amount.

Supply Constraints. In the event a Force Majeure event described in Section 10.1 hereof requires Baxter to limit deliveries and redistribute available supply of Recombinant Hemophilia ProductProduct and/or rAHF-PFM, then Baxter will be relieved of its Base Level Product Volumes commitment. In such an event, Baxter will first make Recombinant Hemophilia Product and/or rAHF-PFM available to meet Purchaser and other Hemophilia Specialty Pharmacy Providers' Base Level Product Volumes, the Prior Committed Volumes, the Government Program Committed Volumes and the PHS Committed Volumes (all four collectively referred to as "Firm Commitments"). If a Force Majeure event prevents Baxter from supplying the Firm Commitments, then Baxter's available supply will be made available on a pro-rata basis ▇▇ to (i) customers with Firm CommitmentsCommitment, (ii) Baxter's emergency needs inventory, and (iii) customers wit▇ ▇▇▇▇▇▇usly accepted firm orders for delivery in that quarter. If Baxter's supply of Recombinant Hemophilia Product to Purchaand/or rA▇▇-▇▇▇ ▇▇ ▇educed o Purchaser is reduced as a result of pro-rata distribution pursuant to this Section 5.4, Purchaser's commitments to purchase Recombinant Hemophilia Product and/or rAHF-PFM set forth in Sections Section 5.1 will be reduced by an equivalent amount.