Alternate Sources. The Cooperator may request reinforcements through other contacts if Division personnel or GPC or MCC cannot be reached by any of the methods listed above.
Alternate Sources. If the contractor fails to deliver a load of chips within the time requested, for any reason (equipment malfunction, roads unsuitable for hauling) the State reserves the right to obtain chips from any supplier who can deliver. If the contractor is not going to be able to make a delivery, the contractor shall notify the contact person as soon as possible so other arrangement can be made.
Alternate Sources. The Parties agree that this Agreement is not an exclusive supply agreement, and NeurogesX shall have the right to manufacture itself or designate third party(ies) as alternate source(s) for the supply of the Product (each, an “Alternate Source”). Upon NeurogesX’s request at any time, CPL shall cooperate with NeurogesX and the Alternate Source to fully transfer to such Alternate Source all manufacturing technology, know-how and information relating to the Product and its manufacture. CPL agrees to provide reasonable technical assistance to the Alternate Source for such purposes as requested by NeurogesX, including without limitation, assisting the Alternate Source to successfully manufacture three (3) validation batches of Product conforming to the Specifications. NeurogesX shall pay to CPL reasonable FTE and out-of-pocket costs associated with such transfer and assistance in accordance with a budget approved in advance by NeurogesX; provided, however, if either (i) the need for an Alternate Source arises from a material breach of this Agreement by CPL and/or (ii) subject to Article 13.5, CPL fails to deliver two successive batches of Product of at least eighty percent (80%) of the quantities of Product specified in a purchase order submitted in accordance with this Agreement, to CPL hereunder within thirty (30) days after the delivery dates specified therein, then NeurogesX shall not be obligated to make any such payments associated with the FTE costs of CPL and CPL shall bear the FTE costs associated with transfer and up to a maximum of 20 FTE days, of FTE costs associated with assistance. In any case, CPL shall not be responsible for any costs associated with fee for service activities beyond the assistance described in this Section 2.8, performed on behalf of NeurogesX, for the Alternate Source nor any out-of-pocket costs (including, but not limited to, travel expenses) associated with the transfer. Any additional assistance requested by NeurogesX above the 20 FTE days described in this Section 2.8 shall be at NeurogesX’s expense.
Alternate Sources. If any event under Section 19.3(a) above substantially prevents, hinders, or delays performance of the Services necessary for the performance of RCSI functions reasonably identified by RCSI as critical for more than two (2) consecutive days, then at RCSI’s option RCSI may procure such Services from an alternate source, and First Data shall be liable for payment for such Services from the alternate source for so long as the delay in performance shall continue. If any event described in Section 19.3(a) above substantially prevents, hinders, or delays performance of the Services necessary for the performance of RCSI functions reasonably identified by RCSI as critical for more than thirty (30) consecutive days, then at RCSI’s option:
Alternate Sources. As the JSC determines is appropriate based on demand or otherwise to ensure uninterrupted Manufacture and supply of each Collaboration Product, additional sources for Manufacture and supply of Collaboration Products, and for components thereof, may be established, with the ultimate decision-making authority on such matters to be ImmunityBio for the ImmunityBio Products and NantKwest for the NantKwest Products.
Alternate Sources. The Purchaser is authorized to obtain quotations on the Materials from other possible sources and if the Supplier fails to match the price and other conditions of sale which have been offered to the Purchaser from another source, the Purchaser may purchase the Materials from such other source or sources. If the Supplier fails to match the price and other conditions of sale, the Purchaser will be allowed to cancel any or all pending purchase orders for such Materials that are scheduled for delivery beyond the next 30 days.
Alternate Sources. The parties agree that Aemetis Keyes may source Corn from other suppliers subject to the following conditions:
Alternate Sources. The parties agree that XX XXXXX may source Corn from other suppliers subject to the following conditions:
Alternate Sources. MAT will, on a continuing basis, perform value analyses of material and labor content in the interest of improving quality and reducing cost to The Customer. Alternate material sources, and if any, off-load assembly recommendations, as determined feasible by MAT will require the written approval of The Customer prior to implementation.
Alternate Sources. Nothing in this Agreement shall preclude SERAGEN from taking whatever steps necessary to qualify alternative suppliers other than HOLLISTER-STIER, including but not limited to selling any Lots reaxxxxxxx xxxxxxxd to be manufactured for purposes of the qualification of such alternative suppliers and maintaining such qualifications. HOLLISTER-STIER shall provide any reasonably requested support for xxxxxxxxxx xxxnsfer in connection with such qualifications. ***Portions of this page have been omitted pursuant to a request for Confidential Treatment and filed separately with the Commission. COMMERCIAL SUPPLY AGREEMENT 27 FEBRUARY 2004
