Access to Funds Received for Cempra’s Sale of API Sample Clauses

Access to Funds Received for Cempra’s Sale of API. Cempra and FFFC shall use reasonable efforts to work in good faith to establish, on commercially reasonable and customary terms of a separate agreement to be negotiated by the Parties and an internationally-recognized bank reasonably acceptable to both parties, a bank account in Cempra’s name and owned by Cempra into which Cempra will deposit payments received by Cempra from Toyama or other licensees or distributors of Cempra who commercialize Drug Products in the Territory, if any, for Toyama’s or such licensee’s or distributor’s purchases of API, acquired by Cempra from FFFC under this Agreement, sold to Toyama or such licensee or distributor by Cempra, and from which FFFC shall be entitled to withdraw the amount due FFFC for such API under this Agreement, and for which Toyama or such licensee or distributor has already paid Cempra, upon presentment to Cempra and the applicable bank of invoices therefor properly sent in accordance with this Agreement; provided, however, that Cempra shall use reasonable efforts to maintain and keep up the level of the amount of deposit in such bank account reasonably sufficient for the payments to FFFC of undisputed amounts due under Section 4.2 of this Agreement.
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Related to Access to Funds Received for Cempra’s Sale of API

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