ASSURANCE OF SUPPLY. Progenics and PerImmune will cooperate to anticipate Progenics' long-term requirements for KLH Requirements supply, and PerImmune will take reasonable measures to assure that Progenics' and its Partners' KLH Requirements can be met, which measures may include the maintenance of adequate safety stocks of KLH.
ASSURANCE OF SUPPLY. CancerVax and Teknika will cooperate to anticipate CancerVax's long-term BCG Requirements, and Teknika and CancerVax will take reasonable measures to assure that CancerVax's BCG Requirements can be met, which measures may include the maintenance of adequate safety stocks of BCG by Teknika and CancerVax.
ASSURANCE OF SUPPLY. Under the terms of the Supply Agreement, PMC and CORIXA shall cooperate to anticipate PMC's reasonable long-term requirements for LeIF, and CORIXA shall take reasonable measures to assure that PMC's reasonable requirements can be met, which measures may include the qualification of more than one manufacturing facility (including one such facility to be operated by PMC or an Affiliate of PMC, in which case CORIXA shall transfer Material manufacturing Know-how in accordance with Section 12.11 hereinafter) and/or maintenance of safety stocks of LeIF as provided for in Article 12.6. hereof.
ASSURANCE OF SUPPLY. After the termination or expiration of this Agreement for any reason except for termination by SmartWitness due to an Event of Default by Partner, the Parties agree to continue performing their respective obligations under the terms of this Agreement that exist as of the date of termination or expiration for the purpose of unwinding the business relationship between the parties for a period of thirty (30) days following such termination or expiration.
ASSURANCE OF SUPPLY. Under the terms of the Supply Agreement, LICENSEE and VRI shall cooperate to anticipate LICENSEE's reasonable long-term requirements for VECTOR, and VRI shall take reasonable measures to assure that LICENSEE's reasonable requirements can be met, which measures may include the qualification of more than one manufacturing facility (including one such facility that may be operated by LICENSEE or an Affiliate of LICENSEE, in which case VRI shall transfer manufacturing Know-how in accordance with Section 11 hereinafter) and/or maintenance of safety stocks of VECTOR as provided for in Section 6 hereof.
ASSURANCE OF SUPPLY. 12.1 The Pricing Strategy provides that the long term mean annual water use by user sectors shall be taken into account in determining water use charges levied on users, which will be based on assurance of supply.
ASSURANCE OF SUPPLY. Supplier must provide written notification to Company [CONFIDENTIAL TREATMENT REQUESTED] /*/ in advance of Supplier’s intended date to Discontinue Availability (DA) of the Deliverables provided hereunder or to substitute or replace such Deliverables if form, fit or function is affected. If Supplier’s vendor terminates production of a component of the Deliverables, Supplier will use reasonable efforts to secure sources for such components; provided however, that Supplier reserves the right to provide a shorter notice in the event Supplier’s vendor of a critical component terminates production of such items and no other sources for such items can be secured. Within [CONFIDENTIAL TREATMENT REQUESTED] /*/ of notification of DA, Company will provide written notification to Supplier that it concurs with Supplier’s decision or that it intends to negotiate the terms, conditions and prices under which availability shall be extended, provided that such components are available to Supplier.
ASSURANCE OF SUPPLY. (a) AT&T and Supplier will jointly conduct regularly scheduled Life Cycle Management reviews for the purpose of sharing information concerning current and future Product and support requirements in order to permit both parties to make informed decisions concerning such matters. AT&T's priority is to assure the ongoing growth and service capabilities of the network are satisfied. In order to ensure the long term viability of the network, AT&T will have the option to request sustained manufacturing service for all Products and components that are used in the network.
ASSURANCE OF SUPPLY. Failure of Supplier to list a Product or Service in that database shall not preclude Supplier from providing such item pursuant to Part II.
ASSURANCE OF SUPPLY. (a) In the event Seller fails to deliver the quantities of Gas as agreed herein for any reason other than force majeure, Seller shall reimburse Buyer within 15 days of receipt of an invoice and supporting detail from Buyer for the difference, if any, between the price per MMBtu which Buyer would have paid Seller for the deficient portion of the Nominated Daily Quantity under this Agreement, and the price per MMBtu for the same quantity of Gas which Buyer or its agents may acquire in replacement thereof. Buyer shall use its reasonable efforts to obtain such replacement Gas at the lowest price reasonably possible. Seller shall reimburse Buyer for actual damages incurred related to the underdelivery, including incremental costs and expenses incurred by Buyer related to the underdelivery or to the replacement of Gas as a result of Seller's failure to deliver as agreed, and including Transporter's demand charges incurred without corresponding benefit to Buyer, reimbursement for all penalties, imbalances, and cashouts incurred. If the failure to deliver is substantial, Seller shall forfeit all Commodity Reservation Charges to otherwise be paid under this Agreement for that Contract Month. The amount of reimbursement due pursuant to this Paragraph shall be Buyer's sole and exclusive monetary remedy. In addition to the remedies above, Buyer shall retain the right to terminate this Agreement. In the event of a force majeure occasion affecting Seller's deliveries, if Seller fails to prorata curtail in accordance with Paragraph 12 of this Agreement, Buyer shall also have the right to seek specific performance and/or injunctive relief to seek delivery of Buyer's proportionate share. Assurance of Market Demand:
