Allocation of Supply. In the event of a shortage of raw materials necessary to Manufacture the Product, BTC shall allocate ninety percent (90%) of the total available supply of raw materials and Product to Auxilium.
Allocation of Supply. 5 of the Agreement is hereby amended to read in full as follows
Allocation of Supply. In addition to whatever remedies are available to Elanco at law, in equity or under this Agreement, if for any reason Diamond's supply of Product at any time, including during a Force Majeure condition, is insufficient to meet its obligation to Elanco under this Agreement and to other customers under other agreements, purchase orders or arrangements, Diamond will allocate the available resources with respect to the supply of such Product to Elanco and its other customers on a pro rata basis, with Elanco's pro rate share being based upon the binding purchase orders provided by Elanco to Diamond. Diamond may start-up its facility to manufacture products for other customers, provided Elanco receives its pro rata share of Product in a timely manner.
Allocation of Supply. In the event PiSA is not able to supply all of NxStage’s needs for the Product, for causes of Force Majeure as established in section 14, PiSA shall allocate its available supply and production capacity equitably among NxStage and other PiSA customers in proportion to NxStage’s and such customers’ reasonably forecasted needs as provided to PiSA prior to the occurrence of the supply shortfall.
Allocation of Supply. In the event of VIVUS's inability to supply the Product ordered by Paladin, VIVUS shall allocate its available supply between Paladin, VIVUS and VIVUS's licensee(s) outside the Territory on a fair and equitable basis based on a pro-rata share of worldwide Product sales for the six (6) months preceding and the forecasted worldwide Product sales for the next six (6) months following such allocation. SUCH ALLOCATION SHALL BE PALADIN'S SOLE REMEDY FOR VIVUS'S FAILURE TO SUPPLY PALADIN QUANTITIES OF PRODUCT VIVUS IS OTHERWISE OBLIGATED TO SUPPLY UNDER ARTICLE 5 OF THIS AGREEMENT.
Allocation of Supply. (a) Until such time that the [***] has been inspected by the FDA or, if earlier, the time that the [***] is declared an approved supplier by the FDA without inspection (the “[***] Product Qualification Date”), Alpharma will supply Product only from the [***] (except for quantities required for qualification of the [***] as a source of Product). [***] Indicates material that has been omitted and for which confidential treatment has been requested. All such omitted material has been filed with the Securities and Exchange Commission pursuant to Rule 24b-2 under the Securities Exchange Act of 1934, as amended.
(b) Following the [***] Product Qualification Date and thereafter during the term of this Agreement, except as explicitly set forth in this Agreement, Alpharma will (at Alpharma’s discretion) supply Product from either the [***], provided, however, that at least [***] percent ([***]%) of the total aggregate quantity of Product supplied from Alpharma to ViroPharma during each calendar year shall be [***]-Sourced Product, and at least [***] percent ([***]%) of the Product shall be [***]-Sourced Product. The parties acknowledge that the objective of the minimum supply percentages from each site pursuant to the foregoing is to ensure continued qualification of Product manufactured at each site as source of Product. Alpharma shall provide to ViroPharma written certification of the actual supply allocation on a quarterly basis. Further, upon ViroPharma’s request the parties shall meet by telephone conference and/or in person to discuss the allocation.
(c) Following the [***] Product Qualification Date, in the event of any occurrence relating to the [***] that affects or may affect Alpharma’s ability to deliver Product in compliance with Section 4(b) above or any other terms of this Agreement, including any event of Force Majeure, Alpharma shall: (A) immediately notify and keep ViroPharma informed of such occurrence and Alpharma’s management of such occurrence; and (B) notwithstanding Section 4(b) above increase its output of Product from the non-affected plant in order to ensure continued supply of Product to ViroPharma in compliance with Alpharma’s obligations under this Agreement.
(d) Until the [***] Product Qualification Date, in addition to whatever remedies are available to ViroPharma at law, in equity or under this Agreement, if for any reason Alpharma’s supply of Product at any time, including during an event of Force Majeure, is insufficient to meet it...
Allocation of Supply. In the event that a force majeure event referred to in Article XI occurs including, without limitation, if the effect of a force majeure event with respect to Compound TGAI is merely a reduction, rather than a permanent discontinuance, BASF shall allocate its then-remaining supply of Compound TGAI between BASF, its Affiliates and AMVAC in a proportion corresponding to the requirements of each Party therefor for the then-current Contract Year, it being acknowledged and agreed that reference to BASF’s requirements herein refers to BASF’s own requirements and the requirements of those Persons with whom BASF is party to a legally enforceable agreement covering the supply of Compound technical form of active ingredient and/or products containing the same as an active ingredient.
Allocation of Supply. Each Demand Forecast Plan shall allocate the supply of each Licensed Product needed to meet the expected demand of each Party for Development and Commercialization in the Sarepta Territory and the Roche Territory in accordance with this Agreement. [**]. The JMC will review each initial Demand Forecast Plan for each Licensed Product and submit each initial Demand Forecast Plan to the JSC to approve.
Allocation of Supply. In the event of VIVUS's inability to supply the Product ordered by MEDA, VIVUS shall allocate its available supply between MEDA, VIVUS and VIVUS's licensee(s) outside the Territory on a fair and equitable basis based on a pro-rata share of worldwide Product sales for the six (6) months preceding and the forecasted worldwide Product sales for the next six (6) months following such allocation. SUCH ALLOCATION SHALL BE MEDA'S SOLE REMEDY FOR VIVUS'S FAILURE TO SUPPLY MEDA QUANTITIES OF PRODUCT VIVUS IS OTHERWISE OBLIGATED TO SUPPLY UNDER ARTICLE 4 OF THIS AGREEMENT.
