Alternate Source of Supply. If Bovie is unable to supply Arthrex with its Product requirements in accordance with Sections 2.1, 2.2 and 2.3 herein, including, but not limited to, an order by Arthrex for Products which exceeds a ** ** Commitment by more than ** **, then Bovie shall promptly notify Arthrex of its inability to supply such Products. If the supply issue cannot be resolved, Arthrex shall have the right to engage a Back-Up Supplier to manufacture and supply the Products and to terminate any Purchase Order, in whole or in part, that Bovie was unable to fill without liability or charge. Such right shall continue until 30 days after Bovie notifies Arthrex that it is prepared to supply all of Arthrex's Product requirements, as provided herein. Bovie shall, in good faith, cooperate fully with Arthrex and any Back-Up Supplier in supplying Arthrex with Products, including assisting in the transfer of molds and any information necessary for the supply of such Products. Any disclosure by Bovie and/or Arthrex to, or with regard to, a Back- Up Supplier, or use of technical information by a Back-Up Supplier, shall be subject to the Confidentiality provisions set forth in Section 8 herein. Nothing in this Section 2.11, or this Agreement, shall interfere with Arthrex's right to designate a Back-up supplier to manufacture Products under the terms of this Section 2.11.
Alternate Source of Supply. In the event that IMMUNEX elects to -------------------------- discontinue supplying AASTROM with any Supplied Product as provided in Section 3.8 above, or is prevented by Force Majeure from supplying AASTROM with any Supplied Product for a period of at least one hundred eighty (180) days, IMMUNEX shall use reasonable commercial efforts to xxxxx XXXXXXX a nonexclusive license to make or have made the Cytokine corresponding to such Supplied Product for use or sale in the Field and Territory, transfer to AASTROM or its designee (which could include, for example, a mutually acceptable contract manufacturer) all Licensed Technology and any available license rights (apart from facilities, commercially available raw materials or equipment) that are necessary or useful in manufacturing such Cytokine in an alternative facility, and shall use reasonable commercial efforts to cooperate with AASTROM to continue to supply Supplied Product from its inventories to meet AASTROM's requirements for Supplied Product until an alternate source of supply is established. IMMUNEX shall not be obligated to grant such licenses or transfer any technologies in the event that a dispute over acceptance procedures or specifications cannot be resolved as provided in Section 3.16 hereof, or IMMUNEX and AASTROM are unable to resolve any dispute over pricing. In such event, AASTROM shall be entitled to terminate this Agreement, subject to the liquidated damages provisions of Section 8.4 hereof.
Alternate Source of Supply. During the Operating Period, if the Developer is unable to provide supply of power to the Procurer(s) up to the Aggregate Contracted Capacity from the Power Station except due to a Force Majeure Event or due to Supplier Event of Default, the developer is free to supply power up to the Aggregated Contracted Capacity from an alternative generation source (only from PHSP project) to meet its obligation under this Agreement. Such power shall be supplied to the Procurer(s) at the same Tariff as per the terms of this Agreement and other incidental charges, including but not limited to application fees for open access, RLDC/SLDC charges, etc., applicable from the alternative source of power supply are higher than the applicable Transmission Charges from the Injection Point to the Delivery Point, the developer would be liable to bear such additional charges.
