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Allocation of Supply in Supply Shortage Scenarios Sample Clauses

Allocation of Supply in Supply Shortage ScenariosIn case of a shortage of supply of Product or Compound such that Nycomed is unable to supply all of Sepracor's requirements of Product or Compound, as the case may be, the supply of Product or Compound within Nycomed's control shall first be allocated on a pro rata basis among the Territory, and the Major Market Countries based on (i) in the case of a shortage of a Product, the net sales of the relevant Product; and, (ii) in the case of a shortage of supply of Compound, the net sales of Products incorporating the Compound as an active ingredient; in each of (i) and (ii) in those regions in the most recent Contract Year in which there was not an allocation of supply. Any supply that remains unallocated or comes available after the preceding pro rata allocation shall be allocated on a first priority basis to the Territory.
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Allocation of Supply in Supply Shortage ScenariosIn case of a shortage of supply of Bulk Product or Compound such that Nycomed is unable to supply all of Partner’s requirements of Bulk Product or Compound, as applicable, the supply of Bulk Product within Nycomed’s control shall first be allocated on a pro rata basis among the Territory and the other countries where Nycomed is (or plans on) commercializing products incorporating the Compound, based on (i) in the case of a shortage of Bulk Product, the reasonably forecasted net sales of Bulk Product; and, (ii) in the case of a shortage of supply of Compound required by Nycomed to manufacture Bulk Product, the reasonably forecasted net sales of Products incorporating the Compound as an active ingredient; in each of (i) and (ii), reasonably forecasted for the calendar year following the calendar year in which a supply shortage occurs. Any supply that remains unallocated or comes available after the preceding pro rata allocation shall be allocated on a first priority basis to the Territory.

Related to Allocation of Supply in Supply Shortage Scenarios

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