Alternate Supply. 26 3.10 Warranty................................................. 27 3.11 Price ................................................... 27 3.12
Alternate Supply. Anthra agrees to use commercially reasonable efforts to cause at least *** of supply of AD 32 to become and remain pre-qualified during the term of this Agreement.
Alternate Supply. In the event of a Supply Interruption, Sage shall be permitted to purchase Captisol from any Third-Party Manufacturer on the terms provided hereunder until CyDex provides reasonably acceptable assurances to Sage that the cause of the Supply Interruption has been resolved. ***Text Omitted and Filed Separately with the Securities and Exchange Commission Confidential Treatment Requested Under 17 C.F.R. Sections 200.80(b)(4) and 230.406
Alternate Supply. Under no circumstances shall Seller be obligated to obtain product for delivery hereunder from any person or entity that is not an affiliate, subsidiary or parent company of Seller.
Alternate Supply. In the event that CN's plant is shut down, resulting in NB's inability to fulfill its Product requirements for the Cherokee, AL emulsion plant, or if CN's production capacity is insufficient to meet NB's Cherokee, AL emulsion plant requirements, NB shall have the right to acquire such tons of AN that cannot be supplied by CN ("NB's Excess Requirements") from third party suppliers. During the pendency of such event, NB shall be relieved from any of its obligations pursuant to this Agreement related to NB's Excess Requirements.
Alternate Supply. Under no circumstances shall Tiller be obligated to purchase or otherwise obtain Products for goods from any other person or entity.
Alternate Supply. Connetics agrees to use Commercially Reasonable Efforts to cause at least two sources of supply of Relaxin to become and remain pre-qualified as [*****] CONFIDENTIAL TREATMENT REQUESTED 13 soon as practicable after the first Regulatory Approval and during the remainder of the Term of this Agreement.
Alternate Supply. In the event that NOVARTIS is unable to supply Licensed Product to ENDO in accordance with Section 5, NOVARTIS shall use commercially reasonable efforts to identify and qualify an alternate supplier capable of supplying Licensed Product on substantially the same terms and conditions set forth herein, which may or may not be NOVARTIS’ *** manufacturing facility, for the period that NOVARTIS is unable to supply the Licensed Product. During any such period in which an alternate source of supply is being provided through a Third Party, NOVARTIS’ obligations under this Section 5 shall be suspended. Within a reasonable time after the Execution Date, NOVARTIS shall use commercially reasonable efforts to cause its manufacturing facility in *** to be qualified.
Alternate Supply. In order to provide IAVI with certain assurances that IAVI will be able to Manufacture and/or Commercialize any IAVI Vaccine for the Developing World, in the event (i) this Agreement is terminated by IAVI under Sections 9.4 or 9.5; or (ii) TGC is unable to fulfill its manufacturing obligations under this Agreement or the Clinical Supply Agreement ([*]); or (iii) TGC chooses not to or IAVI does not request TGC to supply any IAVI Vaccine for Phase III development or for marketing, sale or distribution, TGC agrees that, subject to the terms and conditions of this Agreement, IAVI and its sublicensees shall be free to exercise the exclusive [*] to Manufacture and/or Commercialize any IAVI Vaccine solely for the Developing World as set forth in Sections 5.2 and 5.6.
Alternate Supply. During an Outage resulting in Premcor’s rights to inhaul under Section 13 of this Agreement, Xxxxxx Xxxxxxx Capital Group Inc. (“MSCG”) may supply (or cause the supply to) PBF at the Refinery with volumes of in-hauled Products (Products other than those on hand at the Refinery) as necessary to enable PBF to supply Premcor in accordance with the terms this Agreement. If MSCG does not supply (or does not cause the supply to) PBF with volumes that would enable PBF to supply Premcor in accordance with this Agreement, Premcor shall have the right to inhaul any and all of the Products to the Refinery in such quantities sufficient to substitute for the quantities of PBF Products received by Premcor on exchange at the Refinery prior to the Outage (all such Products which Premcor inhauls shall be referred to as the “Inhaul Products”) subject to dock and tank availability at the Refinery (It being understood that the dock and tank shall be available to Premcor on a first come first serve basis, except to the extent unavailable due to the Outage or as a result of an event of Force Majeure). In such circumstances, Premcor and PBF agree to negotiate in good faith an arrangement with MSCG whereby Premcor will sell and transfer title to the inhaul Products to MSCG1 upon receipt into the tanks at the Refinery, and MSCG or its Affiliate will sell and transfer title to the Inhaul Products to PBF in the same volumes necessary to enable PBF to supply Premcor as a result of an Outage.
