Alternate Sources Clause Samples

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. 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 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: (i) RCSI may terminate any portion of this Agreement so affected and the charges payable hereunder shall be equitably adjusted to reflect those terminated Services; or (ii) RCSI may terminate this Agreement without liability to RCSI or First Data as of a date specified by RCSI in a written notice of termination to First Data. First Data shall not have the right to any additional payments from RCSI for costs or expenses incurred by First Data as a result of any Force Majeure Event.

Alternate Sources. Nothing in this agreement shall prohibit the District from acquiring the same type or equivalent material or service from other sources, when deemed to be in the best interest of the District.

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. 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 rea▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇d 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 ▇▇▇▇▇▇▇▇▇▇ ▇▇▇nsfer 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

Alternate Sources. Elo or the DSPP shall either deliver the ordered spare part to ERP or instruct ERP with respect to alternative sources within three (3) weeks from receiving the ERP request.

Alternate Sources. County may obtain the specified Work from a source(s) other than the Contractor under the following circumstances: Work donated, for example as part of a sponsorship agreement; and Work purchased from an alternate source to meet an immediate need because Contractor is unable to provide the required Work ordered by County in the quantities and within the timeframe requested.

Alternate Sources. 17.1 If the Trade fails to provide the services and materials as required by paragraph 5 of this Agreement, seven (7) days notice will be given and then the Builder may, without terminating this Agreement and without prejudicing any other right which it may have under this Agreement, obtain from alternative sources such services and materials as may be required to complete the Work for the Home. 17.2 For the purpose of completing the projects, the Builder may utilize any materials delivered to any projects by the Trade. 17.3 If the cost of obtaining alternate Trade and installation pursuant to this paragraph exceeds the amount which the Builder would have paid the Trade had it fulfilled its obligation, then the excess cost shall be immediately due and payable by the Trade to the Builder.