Additional Supply Sample Clauses
Additional Supply. Beginning after completion of delivery of [***] Modems and for a period of one (1) year, thereafter, Buyer shall have the first option of available allocation to purchase the Modems. The first option of available allocation granted to Buyer under this Section 1.15 shall be on such terms and conditions and at such price as mutually agreed upon between the parties hereto or as then in effect pursuant to future Modem supply agreements entered into between Buyer and Seller but at no greater price than Seller would offer to any other similar buyer for the same Modem on similar volume and other terms.
Additional Supply. APO shall use [ * ] efforts to supply Product in excess of the applicable Yearly Minimum Volume (subject to Section 3.4) and to supply Product [ * ] of GILEAD’s previous Long Term Rolling Forecast for Product for the applicable calendar year, but shall not be obligated to supply such quantities if it is not able to do so by use of [ * ] efforts, and APO shall be allowed to take into consideration in making its commercially reasonable decision to supply the quantity of the excess amounts APO’s Manufacturing capacity and other manufacturing commitments.
Additional Supply. For a period of [***] days from the Effective Date, Ophthotech shall have the right to purchase from Archemix up to [***] of the Sirna Materials, in addition to the initial [***] supply of Sirna Materials to be provided pursuant to Section 3.5.1 above, at a price of $[***].
Additional Supply. When requested by Taisho in writing, Arena shall use its Best Reasonable Commercial Efforts to supply additional quantity of the Taisho Activated Receptor within the time period requested by Taisho. If so agreed by the Parties in writing, Arena shall supply additional Technical Information owned or possessed by Arena to enable Taisho to reproduce and/or increase the Taisho Activated Receptor for the purpose of the Screening.
Additional Supply. If Purchaser's forecasted demand for Recombinant Hemophilia Product exceeds the Base Level Product Volumes, (subject to terms of Sections 6.1 and 10.1), Baxter will use reasonable efforts to provide available Recombinant Hemophilia Product to Purchaser to meet this excess forecasted demand, on a priority basis. As supply increases, Baxter will endeavor to make additional quantities of Recombinant Hemophilia Product available to Purchaser to meet increased demands arising from the conversion of existing patients to Recombinant Hemophilia Product, from the addition of new patients or from the increased usage of product by existing patients due to prescribed prophylactic dosing or other existing patient requirements. This priority commitment shall be on a pro-rata basis among (i) Hemophilia Specialty Pharmacy Providers, (ii) firm product supply commitments made to customers purchasing under committed volume contracts in effect as of the Effective Date ("Prior Committed Volumes"), (iii) product supply commitments required by any Government Program ("Government Program VC Contract Confidential 12/28/2001 Page 7 Committed Volumes"), and (iv) volume commitments/obligations to PHS customers ("PHS Committed Volumes"). In order to be eligible for priority under this Section 5.3, Purchaser must notify Baxter of its desire to purchase Recombinant Hemophilia Product in amounts exceeding the Base Level Product Volumes.
Additional Supply. When requested by TaiGen in writing, Arena shall use its Best Reasonable Commercial Efforts to supply additional quantity of the TaiGen Activated Receptor within the time period requested by TaiGen free of charge.
Additional Supply. As soon as reasonably practicable following [***] the Parties shall discuss in good faith, through the DT, a plan to expand Manufacturing capacity for the Product to meet expected market demand. To the extent that such plan requires the construction of a new Manufacturing facility, then, unless otherwise agreed in writing by the Parties, Serono shall construct such facility at its sole cost and expense and shall own and operate such facility, and shall have the right to Manufacture Product for the ROW; provided, that the Parties will enter into a technology transfer agreement (the "Technology Transfer Agreement") at least twelve (12) months prior to the anticipated undertaking of such Manufacturing responsibility by Serono, or earlier if reasonably required, governing, among other things, the exchange of technical information and Know-How, access to regulatory filings (each solely to the extent it relates to Manufacture) and back-up supply arrangements. It is anticipated that once such a facility is established, each Party will act as the primary back-up supplier to the other. The Technology Transfer Agreement shall not contemplate the transfer of such CancerVax Know-How, except pursuant to the Development Transfer Plan, unless and until Serono has notified CancerVax that it intends to build a Manufacturing facility for Product in accordance with this ARTICLE 8. The Technology Transfer Agreement shall contemplate an appropriate plan for return of CancerVax Know-How in connection with a termination or expiration of this Agreement.
Additional Supply. If Customer's forecasted demand or subsequent request exceeds the quantity commitment set forth in Section C, subject to the terms of Section J and the paragraph entitled Force Majeure Event in Exhibit B, Baxter will use reasonable efforts to provide available Therapeutics to Customer to meet this excess forecasted demand or subsequent request in a fair and reasonable manner. Baxter will inform Customer as to whether it can fill the request for additional supply within seven (7) business days after Baxter's receipt of a written request from Customer for addixxxxxx xupply.
Additional Supply. Upon completion of the supply described in a Work Plan, or upon G&W’s earlier request, as applicable, the Parties shall negotiate in good faith the commercially reasonable terms of an agreement pursuant to which Liquidia would manufacture and supply the Formulated Compound that was the subject of such Work Plan in quantities sufficient to support the further development and commercialization of the Licensed Products containing such Formulated Compound (a “Supply Agreement”). Each Supply Agreement will contain the following terms:
(a) G&W would be responsible for supplying the Selected Compound to be used in producing the Formulated Compound;
(b) Liquidia would produce and supply, or have produced and supplied, the Formulated Compound to G&W;
(c) For non-commercial supply, G&W would reimburse Liquidia for (i) any Third Party expenses or fees, (ii) FTEs at the Annual FTE Rate; (iii) LLDs at the applicable LLD Rate for the supply of Formulated Compound to G&W, (iv) batch costs for GXP production, and (v) other costs directly relating to non-commercial supply such as start up, scale up or capital expenditures, in each case calculated in accordance with Liquidia’s standard accounting practices and similar arrangements with Third Parties;
(d) For commercial supply, G&W would reimburse Liquidia for the cost of goods (to be defined in such Supply Agreement) and other costs of supply for the supply of Formulated Compound to G&W plus [***] percent ([***]%). For clarity, such [***] percent ([***]%) markup shall not apply to any allocated, start up, scale up, or capital expenditures; and
(e) Commercially reasonable terms for addressing a failure to supply, including the right to make PRINT Material or Formulated Compound and have access to PRINT Tooling through a designated Third Party in the event of such defined supply failure. Confidential treatment has been requested with respect to portions of this agreement as indicated by “[***]” and such confidential portions have been deleted and filed separately with the Securities and Exchange Commission pursuant to Rule 24b-2 of the Securities Exchange Act of 1934, as amended.
Additional Supply. (a) (*****); provided that Processor’s price for supplying such products to Buyer, including the cost of transportation to Buyer’s facility where such product is required, meets or is lower than any other reputable manufacturer’s bona fide price for supply (including the cost of transportation to Buyer’s facility where such product is required), provided further the performance standards of Processor including, time of delivery, quality of product and product specifications, are substantially similar or superior to the performance standards of any other such manufacturer so long as such specifications are substantially similar to or less stringent than the Specifications, and provided further that such (*****).
(b) In the event Buyer exits the private label business for which the Products are required, Buyer shall use reasonable commercial efforts to encourage its private label customers to obtain broccoli and/or cauliflower products from the Processor, including introducing Processor to Buyer’s customer contact, if feasible, and providing Processor with the contact information for Buyer’s customer contact and copies of any requests for bids or proposals with respect to such business that Buyer has exited or intends to exit by not bidding. In no event will Buyer have any liability to Processor if such customers choose to obtain product from other manufacturers.