Supply Failure

Supply Failure. Means a failure by CyDex to supply at least [**] percent ([**]%) of the quantities of CAPTISOL ordered by Company (provided such purchase order was within the limits of the Purchase Volume Limitations) in each of [**] consecutive calendar quarters, and CyDex does not cure such deficiency within [**] days after Company notifies CyDex in writing that the quantity of CAPTISOL due for delivery has not been delivered. 4

Supply Failure. The failure by ENDOCEUTICS to supply at least [***] of the Units of PRODUCT required to be delivered to AMAG pursuant to valid Purchase Orders that have been confirmed (and not rejected) by ENDOCEUTICS in accordance with Section 3.4 during any period of [***] or longer.

Supply Failure. Supplier's failure to either: (i) give Delivery Notice within [...***...] days of the applicable delivery month, [...***...] or more times in a Contract Year, or (ii) deliver Product which meet the Product Requirements, and failure to replace such Product within [...***...] days during the first Contract Year and [...***...] days in any other Contract Year, greater than [...***...] per Contract Year

Supply Failure. Has the meaning in Clause 5.8.