definiens: shall mean, with respect to any Valid Purchase Order submitted to Schwarz in accordance with the tenns of this Agreement, that ( i ) subject to the last sentence of Article 2.3.5, Schwarz has failed to supply at least the aggregate quantity of Product specified in such Valid Purchase Order on or prior to the delivery date specified in such Valid Purchase Order and ( ii ) Schwarz has failed to cure such failure within @nety ( 90 ) day~ following Schwarz 's receipt of written notice from OSI of such failure by supplying, prior to the expiration of such rinety ( 90 ) da~ period, the quantity of Product which, together with the quantity theretofore supplied in respect of such Valid Purchase Order, equals at least the aggregate quantity of Product specified in such Valid Purchase Order . Schwarz shall give written notice to OSI prior to the expiration of such ~inety ( 90 ) da~ period, specifically referencing this Article 1.8, in the event Schwarz, in its sole discretion, determines that it is incapable of curing such failure within ~nety ( 90~ ~ in which event an Inability to Supply shall be deemed to have arisen as of the date of such notification ; provided that under no circumstances shall Schwarz have any liability to OSI hereunder in the event no such notification is given