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. 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, 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. Under the terms of the Supply Agreement, LICENSEE and VRI shall cooperate to anticipate LICENSEE's reasonable long-term requirements for COMPOUND, 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 COMPOUND as provided for in Section 6 hereof.
ASSURANCE OF SUPPLY. 5.1 The Assurance of Supply for the User shall be as set out in its relevant water use license.
5.2 Neither Party shall wilfully or negligently do anything to negatively influence the Assurance of Supply.
ASSURANCE OF SUPPLY. 5.1. The MD acknowledges and agrees as follows:
a) Cold Lake, in entering into this agreement, is reasonably guaranteeing a continuous and uninterrupted source of supply of water to the MD from Cold Lake.
b) Cold Lake shall not be liable to the MD, to any customer, or to any third party for any interruption in the supply of water from Cold Lake to the MD or to any customer for any reason, without restricting the generality of the foregoing, any unintentional act on the part of Cold Lake, or the MD, or both.
5.2. The MD shall at all times indemnify and save harmless Cold Lake from and against all claims and demands by or liability arising as a result of the partial or absolute failure of Cold Lake to supply water to the MD under the terms of this agreement.
5.3. The parties hereto shall with reasonable diligence do all things and provide reasonable assurances as may be required to consummate the transactions contemplated herein, and each party hereto shall provide such further documents or instruments required by the other party as may be reasonably necessary to effect the purpose of this agreement and carry out its provisions.
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.
(b) Supplier must provide written notification to AT&T eighteen (18) months in advance of Supplier's intended date of DA of any Product used in Ordering Company's network, or to substitute or replace such Product if Form, Fit or Function is affected. Supplier will provide nine (9) months written notice with regard to BCS Products not used in Order Company's network. If Supplier's vendor terminates production of a Product and/or component of a Product, Supplier will use reasonable efforts to provide the Products or components or secure sources for such Products or components; provided however, that Supplier reserves the right to provide a shorter notice in the event suppliers of a Product or critical component terminates production or maintenance of such items and no other sources for such items can be secured. Within six (6) months of notification of DA, AT&T 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 Product and/or its components are available to Supplier. Unless otherwise agreed to, the framework for that agreement is that Supplier will be entitled to recover its costs of providing continued availability, plus a reasonable profit. Software DA is governed by Section 9.20,
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. 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.
12.2 The Parties agree that DWAF shall take into account each user sector's assurance of supply when –
12.2.1 determining the yield of the System; and
12.2.2 determining the annual allocation of yield, as set out in clause 7 and Annexure [B].
12.3 The parties agree that on the effective date the Assurance of Water Supply for the USER is as set out in Annexure [G] .
12.4 Neither party shall do anything wilfully to negatively influence the assurance of supply.
