Cancellation of a Binding Purchase Order. Customer may cancel a binding Purchase Order (including with respect to a reserve Batch scheduled for production pursuant to Section 6.5) upon written notice to Lonza, subject to the payment of a cancellation fee as calculated below (the “Cancellation Fee”): 6.6.1 In the event that Customer provides written notice of cancellation to Lonza less than or equal to [***] months prior to the Commencement Date of one or more Batches, then [***] of the Batch Price of each such Batch cancelled is payable; 6.6.2 In the event that Customer provides written notice of cancellation to Lonza more than [***] months but less than or equal to [***] months prior to the Commencement Date of one or more Batches, then [***] of the Batch Price of each such Batch cancelled is payable; or 6.6.3 In the event Customer provides written notice of cancellation more than [***] months prior to the Commencement Date of a Batch, then no Cancellation Fee is payable.
Appears in 2 contracts
Samples: Manufacturing Services Agreement (Sciclone Pharmaceuticals Inc), Manufacturing Services Agreement (Sciclone Pharmaceuticals Inc)
Cancellation of a Binding Purchase Order. Customer may cancel a binding Purchase Order (including with respect to a reserve Batch scheduled for production pursuant to Section 6.5) upon written notice to Lonza, subject to the payment of a cancellation fee as calculated below (the “Cancellation Fee”):
6.6.1 6.7.1 In the event that Customer provides written notice of cancellation to Lonza less than or equal to [***] ([***]) months prior to the Commencement [***] Date of one or more BatchesBatches [***], then [***] percent ([***]%) of the Batch Price of each such Batch cancelled is payable, provided that [***];
6.6.2 6.7.2 In the event that Customer provides written notice of cancellation to Lonza more than [***] months but less than or equal to [***] ([***]) months prior to the Commencement [***] Date of one or more Batches[***], then [***] of percent ([***]%) the Batch Price of each such Batch cancelled is payable, provided that [***]; orand
6.6.3 6.7.3 In the event that Customer provides written notice of cancellation to Lonza of more than [***] ([***]) months prior to the Commencement [***] Date of a Batchone or more Batches, then no Cancellation Fee cancellation fee is payabledue.
Appears in 1 contract
Samples: Tech Transfer and Manufacturing Services Agreement (Ascendis Pharma a/S)
Cancellation of a Binding Purchase Order. Customer Radius may cancel a binding Purchase Order (including with respect to a reserve Batch scheduled for production pursuant to Section 6.5) upon written notice to Lonza, subject to the payment of a cancellation fee as calculated below (the “Cancellation Fee”):
6.6.1 In the event that Customer Radius provides written notice of cancellation to Lonza less than or equal to [***] months prior to the estimated Commencement Date of one or more Batches, then [***] of the Batch Price of each such Batch cancelled is payablepayable [*];
6.6.2 In the event that Customer Radius provides written notice of cancellation to Lonza more than [***] months but less than or equal to [***] months prior to the estimated Commencement Date of one or more Batches, then [***] of the Batch Price of each such Batch cancelled is payablepayable [*]; or
6.6.3 In the event Customer that Radius provides written notice of cancellation to Lonza more than [***] months prior to the estimated Commencement Date of a Batch, then no Cancellation Fee [*] is payable. [*].
Appears in 1 contract
Samples: Manufacturing Services Agreement (Radius Health, Inc.)