Alternative Sourcing Clause Samples

Alternative Sourcing. Subject to Section 4.4, ICAgen can source, use, develop and commercialize other chemistry methodologies, whether external or internal to ICAgen, and Lilly shall have no rights with respect to any such chemistry methodologies, compounds or leads generated therefrom.

Alternative Sourcing. The Judicial Council will have the right, at its sole discretion at any time, to perform itself or to contract with third parties to perform any part of the Services, or any service outside the scope of Services, including systems operations and related services to augment or supplement the Services. The Vendor shall cooperate with the Judicial Council and with third parties retained by the Judicial Council to perform information technology or other services, at no additional cost, which cooperation will include, without limitation, providing such information regarding the operating environment, system constraints and other operating parameters as a person with reasonable commercial skills and expertise would find reasonably necessary for the Judicial Council or a third party to perform its work.

Alternative Sourcing. (a) In the event ▇▇▇▇▇▇▇▇▇.▇▇▇ requires a Pharmaceutical Product that is not regularly stocked by Rite Aid in its distribution centers or made available through its wholesaler, Rite Aid shall not be required to supply such Pharmaceutical Product and ▇▇▇▇▇▇▇▇▇.▇▇▇ shall have the right to obtain such Pharmaceutical Product from any other source; provided, however, that if Rite -------- ------- Aid subsequently commences to stock such Pharmaceutical Product in its distribution centers, ▇▇▇▇▇▇▇▇▇.▇▇▇ may, but shall not be obligated to, thereafter obtain such Pharmaceutical Product from Rite Aid in accordance with this Section 2. (b) In the event Rite Aid (or its wholesaler) consistently fails to deliver substantial portions of orders for Pharmaceutical Products to ▇▇▇▇▇▇▇▇▇.▇▇▇ in a timely manner, pursuant to Section 2.3 hereof, ▇▇▇▇▇▇▇▇▇.▇▇▇ shall be relieved of its obligations to obtain its requirements for Pharmaceutical Products from Rite Aid. (c) In the event ▇▇▇▇▇▇▇▇▇.▇▇▇ receives a written offer (solicited or unsolicited), subject only to acceptance by ▇▇▇▇▇▇▇▇▇.▇▇▇ or its designee, from a Third Party generally engaged in the business of wholesaling Pharmaceutical Products throughout the United States or in a significant region of the United States, to provide it with substantially all of its requirements for Pharmaceutical Products containing terms with respect to price, timing of delivery, timing and terms of payment and product availability which, in the aggregate, are more favorable to ▇▇▇▇▇▇▇▇▇.▇▇▇ than the terms provided by Rite Aid hereunder (an "Offer"), ▇▇▇▇▇▇▇▇▇.▇▇▇ shall notify Rite Aid in writing of ----- its receipt of such Offer (such notice, the "Notice"). The Notice shall be ------ accompanied by the Offer and a written designation of Rite Aid as an authorized party to accept such Offer. If Rite Aid does not, within 14 business days of its receipt of the Notice, (i) agree to match, for the term proposed in the Offer (the "Offer Period"), the terms of the Offer, (ii) enter into an agreement ------------ with the Third Party making the Offer to purchase Pharmaceutical Products from such Third Party on the terms specified in such Offer, including, without limitation, the Offer Period or (iii) agree to modify, for the Offer Period, the terms of this Section 2 so that they are at least as favorable to ▇▇▇▇▇▇▇▇▇.▇▇▇, in the aggregate, as those in the Offer, then ▇▇▇▇▇▇▇▇▇.▇▇▇ shall be relieved of its obligations to obtain its requirements for ...