Agreement to Supply Products Sample Clauses

Agreement to Supply Products. Subject to the terms of this Agreement, CollaGenex agrees to purchase exclusively from Atrix, and Atrix agrees to Manufacture for, and sell exclusively to CollaGenex during the Term, CollaGenex's total requirements for the Products and the Professional Samples in the Territory on the terms and conditions set forth herein. Atrix may subcontract any part of the Manufacturing Process for the Products and the Professional Samples to Third Parties provided the Products, the Professional Samples and the facilities continue to meet the requirements as defined in this Agreement. [ ]** To ensure an adequate supply of Product, at all times during the Term Atrix shall maintain inventory for each Product [ ]**
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Agreement to Supply Products. 12 Section 6.02. Quality Assurance......................................12 Section 6.03. Altana's Duties........................................12 Section 6.04. Failure to Supply......................................13 Article VII PURCHASE AND SALE 13
Agreement to Supply Products. Subject to the terms of this Agreement, CollaGenex agrees to purchase exclusively from Altana, and Altana agrees to Manufacture for, and sell exclusively to CollaGenex during the Term, CollaGenex's total requirements for the Product and the Professional Samples in the Territory on the terms and conditions set forth herein. Altana may subcontract any part of the Manufacturing Process for the Product and the Professional Samples to Third Parties provided the Product, the Professional Samples and the facilities continue to meet the requirements as defined in this Agreement. Altana will bear the cost of validation and necessary stability work for all such subcontracting.
Agreement to Supply Products. 3.1 Supplier hereby agrees to supply all of Purchaser's reasonable demands for the Products, subject to (i) availability of slots; (ii) the unavailability of Products for reasons beyond Supplier's control; (iii) Supplier's right to apportion limited supplies of Products among its retail stores and those of Purchaser; (iv) the provisions of Section 13 hereof; (v) up to a maximum volume of purchases in any Annual Period of One Hundred Million Dollars ($100,000,000.00) (the "Maximum Annual Supply Obligation"); and (vi) Purchaser's performance of its obligations under Section 9 hereof; provided, however, clause (i) shall not excuse Supplier from performing its obligation to supply all of Purchaser's reasonable demands for the number of slots required by Purchaser on the Measurement Date, if such unavailability of slots is due to expansion by Supplier of its own retail operations. In the event the Supplier is unable to supply all of the Purchaser's reasonable demands for the Products, subject to clauses (i) through (vi) above, an equitable adjustment shall be made in the Minimum Annual and Minimum Quarterly Purchase Requirements. In addition, any apportionment under the provisions of clause (iii) above shall be allocated based on the movement of Products or product categories by a percentage equal to the average volumes purchased by the Purchaser and the Supplier over the previous two Quarters,
Agreement to Supply Products. (a) Subject to the provisions of Section 2(b), the provisions of Section 8 and the Terms and Conditions, Seller will, during the Term, use commercially reasonable efforts to supply and sell to Buyer any and all Products, Division Products and Parts then being sold by Seller to the extent Seller receives purchase orders from Buyer in form reasonably acceptable to Seller. Seller will not withhold shipment of Products with the primary purpose of avoiding or reducing payment of any amount otherwise payable under Section 4. Buyer will have no obligation to purchase any Products, Division Products or Parts hereunder except to the extent Buyer delivers non-cancelable purchase orders (based on Seller's policies) therefor to Seller. The parties agree that the Terms and Conditions will apply to any and all Products, Division Products and Parts sold by Seller hereunder. (b) Subject to the provisions of this Supply Agreement, Seller hereby appoints Buyer as an authorized dealer of, with the right to sell to Buyer's customers, the Products and Division Products throughout the World other than the Exclusive Territory (including in the Middle East and Africa the right to appoint and sell or otherwise distribute to distributors and dealers). With respect to the Exclusive Territory, if any, as it may be constituted from time to time, subject to the provisions of this Supply Agreement, Seller hereby appoints Buyer as (i) the exclusive authorized distributor of the Products, with the right to sell to Buyer's customers and otherwise distribute the Products in the Exclusive Territory, if any, including the right to sell to distributors and dealers appointed by Buyer in the Exclusive Territory, and (ii) a non-exclusive distributor of the Division Products, with the right to sell to Buyer's customers and otherwise distribute the Division Products in the Exclusive Territory, if any, including the right to sell to distributors and dealers appointed by Buyer in the Exclusive Territory, if any. Notwithstanding anything contained herein to the contrary, except as expressly provided in the immediately following sentence, Seller shall have no duty to qualify or take any action to qualify, permit or facilitate the sale or import of any Products, Parts or Division Products in any country, territory or other location. Seller will use commercially reasonable efforts to take the steps a manufacturer would normally be expected to take to qualify, cause or permit the Products and Parts to com...
Agreement to Supply Products. Subject to the terms of this Agreement, CollaGenex agrees to purchase exclusively from Atrix, and Atrix agrees to Manufacture for, and sell exclusively to CollaGenex during the Term, CollaGenex's total requirements for the Products and the Professional Samples in the Territory on the terms and conditions set forth herein. Atrix may subcontract any part of the Manufacturing Process for the Products and the Professional Samples to Third Parties provided the Products, the Professional Samples and the facilities continue to meet the requirements as defined in this Agreement. If subcontracting is initiated by Atrix, Atrix will bear the cost of validation and necessary stability work. To ensure an adequate supply of Product, at all times during the Term Atrix shall maintain inventory for each Product [**].
Agreement to Supply Products 
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Related to Agreement to Supply Products

  • Supply Agreement Seller and Buyer, or their Affiliates, shall have executed the Supply Agreement.

  • Sublicense Agreements Sublicenses under this Section 2.3 shall be granted only pursuant to written agreements, which shall be subject to and consistent with the terms and conditions of this Agreement. Such Sublicense agreements shall contain, among other things, provisions to the following effect: 2.3.2.1 all provisions necessary to ensure Licensee’s ability to comply with Licensee’s obligation under or not violate the provisions of Sections 4.4, 4.5, 4.6, 5.1, 5.3, 5.4, 8.1 and 11.1; 2.3.2.2 a section substantially the same as Article 9 (Indemnification), which also shall state that the Indemnitees (as defined in Section 9.1) are intended third party beneficiaries of such Sublicense agreement for the purpose of enforcing such indemnification; 2.3.2.3 in the event of termination of the license set forth in Section 2.1.1 above (in whole or in part (e.g., termination of the license as to a Licensed Product or in a particular country)), any existing Sublicense shall terminate to the extent of such terminated license; provided, however, that, for each Sublicensee, upon termination of the license, if the Sublicensee is not then in breach of the Sublicense agreement such that Licensee would have the right to terminate such Sublicense agreement, such Sublicensee shall have the right to obtain a license from Harvard on the same terms and conditions as set forth herein, which shall not impose any representations, warranties, obligations or liabilities on Harvard that are not included in this Agreement, provided that (a) the scope of the license granted directly by Harvard to such Sublicensee shall be coextensive with the scope of the license granted by Licensee to such Sublicensee, (b) if the Sublicense granted to such Sublicensee was non-exclusive, such Sublicensee shall not have the right to participate in the prosecution or enforcement of the Patent Rights under the license granted to it directly by Harvard and (c) if there are more than one Sublicensee, each Sublicensee that is granted a direct license shall be responsible for a pro rata share of the reimbursement due under Section 6.2.3 of this Agreement (based on the number of direct licenses under the Patent Rights in effect on the date of reimbursement); 2.3.2.4 the Sublicensee shall only be entitled to sublicense its rights under such Sublicense agreement on the terms set forth in this Section 2.3; and 2.3.2.5 the Sublicensee shall not be entitled to assign the Sublicense agreement without the prior written consent of Harvard, except that Sublicensee may assign the Sublicense agreement to a successor in connection with the merger, consolidation or sale of all or substantially all of its assets or that portion of its business to which the Sublicense agreement relates; provided, however, that any permitted assignee agrees in writing in a manner reasonably satisfactory to Harvard to be bound by the terms of such Sublicense agreement.

  • Supply Agreements For a period of three years from the consummation of the IPO, Odetics shall not unilaterally terminate or assign its guarantee obligation with respect to any supply agreement pursuant to which it has guaranteed the performance by ATL of ATL's obligations, unless such suppliers have consented to the termination or assignment of such guarantee.

  • End User License Agreement This work is licensed under a Creative Commons Attribution-NonCommercial-NoDerivs 3.0 Unported License. xxxx://xxxxxxxxxxxxxxx.xxx/licenses/by-nc-nd/3.0/ You are free to: Share: to copy, distribute and transmit the work Under the following conditions: Attribution: You must attribute the work in the manner specified by the author (but not in any way that suggests that they endorse you or your use of the work).

  • License Agreement The Trust shall have the non-exclusive right to use the name "Invesco" to designate any current or future series of shares only so long as Invesco Advisers, Inc. serves as investment manager or adviser to the Trust with respect to such series of shares.

  • SOFTWARE PRODUCT LICENSE The SOFTWARE PRODUCT is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE PRODUCT is licensed, not sold.

  • Additional Products and Services Subject to the allocation of funds, the CPO may add similar equipment, supplies, services, or locations, within the scope of this Agreement, to the list of equipment, supplies, services, or locations to be performed or provided by giving written notification to Contractor. For purposes of this Section, the “Effective Date” means the date specified in the notification from the CPO. As of the Effective Date, each item added is subject to this Agreement, as if it had originally been a part, but the charge for each item starts to accrue only on the Effective Date. In the event the additional equipment, supplies, services, or locations are not identical to the items(s) already under this Agreement, the charges therefor will then be Contractor’s normal and customary charges or rates for the equipment, supplies, services, or locations classified in the Fees and Costs (Exhibit “F”).

  • Additional Products Upon satisfying the minimum order requirements above, Enrolled Affiliate may order Additional Products.

  • New Products You agree to comply with NASD Notice to Members 5-26 recommending best practices for reviewing new products.

  • Marking of Licensed Products To the extent commercially feasible and consistent with prevailing business practices, Company shall xxxx, and shall cause its Affiliates and Sublicensees to xxxx, all Licensed Products that are manufactured or sold under this Agreement with the number of each issued patent under the Patent Rights that applies to such Licensed Product.

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