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ARTICLE · 04 MARCH 2019

Resource Allocation – The Forgotten Risk

Whether a manufacturer, supplier or purchaser, the risk posed by interruption of supply is a critical consideration but yet, not always addressed in supply contracts. Rather, many supply agreements

United StatesCorporate/Commercial Law

Whether a manufacturer, supplier or purchaser, the risk posed by interruption of supply is a critical consideration but yet, not always addressed in supply contracts. Rather, many supply agreements appear to rely on the supplier to manage its own resources and supplies, and the answer to the "Or What?" inquiry results in a remedy for such events being an inadequate claim for damages. This failure to address exposes the company to risk based upon decisions of its supplier(s) which can result in catastrophes such as inability to produce or supply product, adversely impacting customer relationships, or even placing the business as a whole at risk. While perhaps acceptable within a fictitious contractual Shangri-La, that is not the business world we live and work in and our world requires a different approach.

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