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. Article 9.5 of the Agreement is hereby amended to read in full as follows
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. 7.1 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. If Orexigen is unable, using Commercially Reasonable Efforts, to supply Takeda’s requirements of the Product for the Territory as set forth in Takeda’s binding Firm Orders, then, unless otherwise agreed in writing by the Parties, for as long as the shortage shall last, Takeda shall receive [***].
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.
Allocation of Supply. (a) During the term of this Agreement, except as explicitly set forth in this Agreement, Xellia will (at Xellia’s discretion) supply Product from either the ***, provided, however, that at least *** percent***(***%) of the total aggregate quantity of Product supplied from Xellia to ViroPharma during each calendar year shall be ***-Sourced Product, and at least *** percent***(***%) of the Product shall be ***. 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. Xellia 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.
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. In the event that Patheon is aware or anticipates that it will be unable to meet any Firm Order, either in whole or in part, Patheon shall promptly inform Nycomed of such inability. If such inability is partial, Patheon shall fulfill Firm Orders with such quantities of Products as can be reasonably made available for supply to Nycomed hereunder. Patheon shall give no less priority to meeting Nycomed's and its Cooperation Partners' requirements of Products as it may give to a Third Party's comparable requirements.
