Assigned Capacity. (a) Lonza shall manufacture [*] Engineering Batch in [*] and such Engineering Batch is non-cancellable. Lonza shall manufacture [*] cGMP Batches per year during the Assigned Capacity. Lonza will use commercially reasonable efforts to accommodate Forty Seven’s Forecast as set out in clause 6.3 below, provided however that, except as expressly set forth in this Agreement (including Section 6.1(b)), [*] and subject to [*], Lonza shall [*]. (b) Whether a cGMP Batch is manufactured within the Assigned Capacity shall be measured from the Commencement Date of such cGMP Batch and for the purposes of clarity, such Assigned Capacity shall be from [*] to [*], unless (i) the Term is extended pursuant to Clause 14.1, in which case the Assigned Capacity shall continue through [*] or (ii) Lonza and Forty Seven mutually agree on terms of a commercial agreement that modifies or replaces the Assigned Capacity and/or (iii) Forty Seven provides written notice (“[*] Notice”) to Lonza that Forty Seven wishes to [*] with the intention that [*], provided Forty Seven provides such [*] Notice to Lonza no later than [*], provided further that if Lonza does not receive such [*] Notice on or before [*], the Assigned Capacity [*]. The Assigned Capacity shall be [*] cGMP Batches per year at 2,000 litre scale at Lonza’s Facility. Subject to the foregoing provisions, the above cGMP Batches shall be regarded as a binding commitment on the Parties for the Term, and (except as set forth in Clauses [*]) [*].
Appears in 3 contracts
Samples: Assigned Capacity and Manufacturing Agreement (Forty Seven, Inc.), Assigned Capacity and Manufacturing Agreement (Forty Seven, Inc.), Assigned Capacity and Manufacturing Agreement (Forty Seven, Inc.)
Assigned Capacity. (a) Lonza shall manufacture [*] Engineering Batch in [*] and such Engineering Batch is non-cancellable. Lonza shall manufacture [*] cGMP Batches per year during the Assigned Capacity. Lonza will use commercially reasonable efforts to accommodate Forty Seven’s Forecast as set out in clause 6.3 below, provided however that, except as expressly set forth in this Agreement (including Section 6.1(b)), [*] and subject to [*], Lonza shall [*].
(b) Whether a cGMP Batch is manufactured within the Assigned Capacity shall be measured from the Commencement Date of such cGMP Batch and for the purposes of clarity, such Assigned Capacity capacity shall be (a) from [*] to [*], unless (i) the Term is extended pursuant to Clause 14.1, in which case the Assigned Capacity shall continue through ] at [*] or (ii) Lonza and Forty Seven mutually agree on terms of a commercial agreement that modifies or replaces the Assigned Capacity and/or (iii) Forty Seven provides written notice (“çGMP Batches at [*] Notice”scale at Lonza’s Facility and (b) to Lonza that Forty Seven wishes to from [*] with the intention that [*], provided Forty Seven provides such until [*] Notice to Lonza no later than [*], provided further that if Lonza does not receive such [*] Notice on or before [*], the Assigned Capacity [*]. The Assigned Capacity shall be al [*] cGMP Batches at [*] scale per calendar year at 2,000 litre scale at Lonza’s Facility. Notwithstanding any provision to the contrary herein, Lonza shall manufacture the first cGMP Batch within the Assigned Capacity in [*] and Lonza shall not manufacture more than [*] cGMP Batches in any calendar quarter unless otherwise agreed in writing between the Parties. Subject to the foregoing provisions, the above cGMP Batches shall be regarded as a binding commitment on the Parties for the Term, and (except as set forth in Clauses [*]) [*].
Appears in 2 contracts
Samples: Assigned Capacity and Manufacturing Agreement (Forty Seven, Inc.), Assigned Capacity and Manufacturing Agreement (Forty Seven, Inc.)
