Bulk Product. Within [***] after delivery of Bulk Product to MMCO in accordance with Section 3.8(b), if for any reason MMCO becomes aware that such Bulk Product did not conform to the Bulk Product Specifications, master batch record or relevant Bulk Product SOPs at the time of delivery, then MMCO will have the right to reject such defective shipment of the Bulk Product by giving written notice of rejection to Allos and specify the grounds for such rejection within such [***] period. If MMCO provides such notice within such period and Allos does not dispute in good faith such rejection or such dispute is resolved in MMCO’s favor pursuant to Section 3.11(c), then at Allos’ option, the defective shipment of the Bulk Product will be disposed of by MMCO or will be returned to Allos, in each case at Allos’ expense, MMCO will not be obligated to pay the invoice therefor in accordance with Section 5.4 and MMCO may, at its option, (i) require Allos to use its commercially reasonable efforts to promptly replace the shipment of the defective Bulk Product with conforming Bulk Product as soon as reasonably practicable or (ii) inform Allos that it does not wish to receive replacement therefor, in which case the relevant Firm Order will be deemed cancelled. If MMCO does not provide such notice within such [***] period then such Bulk Product shall be considered accepted and MMCO shall not have a right to reject it except with respect to a latent defect which existed at the time of delivery and was not reasonably discoverable at the time of delivery and for which [***].
Bulk Product. Notwithstanding anything to the contrary in this Agreement, Eisai shall have the right to elect Supplied Product to be supplied by Arena as Bulk Product or Finished Product. Any such election by Eisai must be included in the applicable Forecasts and Purchase Orders. For clarity, Forecasts and Purchase Orders shall specify what quantity of Supplied Product is required in each Product form.
Bulk Product. Acer shall supply the Product described in Schedule 1.5 of the Agreement as bulk drug product. Relief will be responsible for packaging, labelling, serialization and distribution of the Product for commercial sale in the Relief Territory. 2.
Bulk Product. Notwithstanding anything to the contrary contained herein, in accordance with the procedures set forth in the Quality Agreement, with respect to the supply of Bulk Product, Licensee shall be responsible (at its sole cost and expense) for all Packaging and Labeling. With respect to the supply of Bulk Product, Licensee shall ensure that all such Packaging and Labeling shall comply with Applicable Laws, GMPs and the Regulatory Approvals for the Product in the Territory, including the Product Specifications. CERTAIN CONFIDENTIAL PORTIONS OF THIS EXHIBIT WERE OMITTED AND REPLACED WITH “[***]”. A COMPLETE VERSION OF THIS EXHIBIT HAS BEEN FILED SEPARATELY WITH THE SECRETARY OF THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO AN APPLICATION REQUESTING CONFIDENTIAL TREATMENT UNDER RULE 24b-2 OF THE SECURITIES EXCHANGE ACT OF 1934.
Bulk Product. Auxilium shall Manufacture the quantity of Bulk Product, as specified to Auxilium by Pfizer in a purchase order prior to the date hereof, pursuant to the terms and conditions for the supply of Bulk Product to Pfizer, including the Supply Delivery Price, as set forth in the Original Agreement (such Bulk Product, “Batch No. 1 Bulk Product”); and
Bulk Product. Any processed product which will have to undergo the packaging operation in order to become a finished product.
Bulk Product. 43 SCHEDULE 6...................................................................................................
Bulk Product. Quality Specifications, Testing Standard x · Retention of reserve samples x · Shipment responsibility x
Bulk Product. Prior to the Closing, either (i) the Parties shall agree in good faith prior to the Closing on the pricing terms of the packaging of Bulk Product (as such term is defined in the MSA) by the Manufacturer (as such term is defined in the MSA) under the MSA or (ii) any and all Bulk Product under the ownership of the Company as of the Closing shall be purchased by the Seller at a price not exceeding the book value thereof as of the date on which such Bulk Product was purchased by the Company. SC1:4515121.14
Bulk Product. The price for bulk Product sold under this Agreement shall be a mutually agreed upon market price based on market conditions existing at the time of sale and shall be similar to prices for Product sold by Seller to third parties purchasing similar quantities of Product, types of Product and during similar time periods.
