Common use of Change in Specifications Clause in Contracts

Change in Specifications. (a) Except as provided below, BMS will not be responsible for any cost increases associated with development, validation, and implementation of any change in the Specifications, Components, API or manufacturing process ("Change"), regardless of the reason for the change. Any and all such cost increases will be borne by Cytogen, and shall be paid to BMS prior to implementation of any Change. Moreover, any increase in cost per Batch associated with implementation of any Change shall be passed directly to Cytogen. The price change shall become effective only with respect to those Orders of Product which are manufactured in accordance with the implemented Change. Notwithstanding the foregoing, Cytogen shall not be responsible for the cost of changes made solely for the convenience of BMS. (b) Notwithstanding any Change implemented in accordance with the terms of Section 2.7(a), Cytogen agrees to purchase Product manufactured by BMS based upon any prior Specifications at the then current price for that Product. In addition, Cytogen agrees to purchase, at BMS' cost, all Inventory, Components and API, utilized under the prior Specifications and purchased or maintained by BMS in order to fill firm written orders, to the extent that such Inventory, Components and/or API can no longer be utilized under the revised Specifications and cannot be utilized in any other products of BMS and cannot be returned to the supplier. Open purchase orders for Components and/or API no longer required under any revised Specifications which were placed by BMS with suppliers in order to fill firm written orders shall be cancelled where possible, and where such orders are not subject to cancellation without penalty, shall be assigned to and satisfied by Cytogen. This Section 2.7(b) shall not be applicable to any change made solely for the convenience of BMS.

Change in Specifications. (a) Except as provided below, BMS will not be responsible for any cost increases associated with development, validation, and implementation of any If Client requests a change in the Specifications which would result in an increase or decrease in Patheon's costs for Components or would cause Patheon to incur other costs as a result of the change in Specifications, Componentsthe parties shall discuss, API or manufacturing process ("Change"), regardless each acting reasonably and based on satisfactory documentation provided by Patheon indicating the cause of the reason for price change, what impact, if any, such change should have on the price of the Products and payment to Patheon of the related costs. If Client, acting reasonably, accepts a proposed price change. Any and all such cost increases will , the proposed change in the Specifications shall be borne by Cytogenimplemented, and shall be paid to BMS prior to implementation of any Change. Moreover, any increase in cost per Batch associated with implementation of any Change shall be passed directly to Cytogen. The the price change shall become effective only with respect to those Orders orders of Product Products which are manufactured in accordance with the implemented Change. Notwithstanding the foregoing, Cytogen shall not be responsible for the cost of changes made solely for the convenience of BMSrevised Specifications. (b) Notwithstanding any Change change in the Specifications implemented in accordance with the terms of Section 2.7(a)(a) above, Cytogen Client agrees to purchase Product all Products manufactured by BMS Patheon based upon any prior "old" Specifications at the then then-current price for that Productthose Products. In addition, Cytogen Client agrees to purchase, at BMS' Patheon's cost, all Inventory, Components and API, utilized under the prior "old" Specifications and purchased or maintained by BMS Patheon in order to fill firm Firm written orders, Orders to the extent that such Inventory, Components and/or API inventory can no longer be utilized under the revised Specifications and cannot be utilized in any other products of BMS and cannot be returned to the supplierSpecifications. Open purchase orders for Components and/or API no longer required under any revised Specifications which were placed by BMS Patheon with suppliers in order to fill firm written orders Firm Orders or in accordance with Section 3.4 shall be cancelled where possible, and where such orders are not subject to cancellation without penalty, shall be assigned to and satisfied by Cytogen. This Section 2.7(bClient. (c) shall not If a change in Specifications must be applicable made by Client solely as a result of Patheon's acts or omissions, the parties will meet to determine who will bear any costs arising from such change made solely for in the convenience of BMSSpecifications.

Change in Specifications. (a) Except as provided below, BMS DuPont will not be responsible for any cost increases associated with development, validation, and implementation of any change in the Specifications, Components, API or manufacturing process ("Change"), regardless of the reason for the change. Any and all such cost increases will be borne by Berlex (except that Cytogen shall be responsible for costs associated with regulatory activities relating to Changes that are carried out by Cytogen), and shall be paid to BMS DuPont prior to implementation of any Changechange. Moreover, after the first year, any increase in cost per Batch associated with implementation of any Change shall be passed directly to CytogenBerlex. The price change shall become effective only with respect to those Orders orders of Product which are manufactured in accordance with the implemented Changerevised Specifications. Notwithstanding the foregoing, Cytogen Berlex shall not be responsible for the cost of changes made solely for the convenience of BMSDuPont. (b) Notwithstanding any Change implemented in accordance with the terms of Section 2.7(a)(a) above, Cytogen Berlex agrees to purchase Product manufactured by BMS DuPont based upon any prior "old" Specifications at the then then-current price for that Product. In addition, Cytogen Berlex agrees to purchase, at BMS' DuPont's cost, all Inventory, Components Inventory and APIComponents, utilized under the prior "Old" Specifications and purchased or maintained by BMS DuPont in order to fill firm written orders, to the extent that such Inventory, Inventory and/or Components and/or API can no to longer be utilized under the revised Specifications and cannot be utilized in any other products of BMS DuPont and cannot be returned to the supplier. Open purchase orders for Components and/or API no longer required under any revised Specifications which were placed by BMS DuPont with suppliers in order to fill firm written orders shall be cancelled where possible, and where such orders are not subject to cancellation without penalty, shall be assigned to and satisfied by CytogenBerlex. This Section 2.7(bsection 2.8(b) shall not be applicable to any change Change made solely for the convenience of BMSDuPont.

Change in Specifications. (a) Except as provided below, BMS will not be responsible for any cost increases associated with development, validation, and implementation of any If Client requests a change in the Specifications which would result in an increase or decrease in Patheon’s costs for Components or would cause Patheon to incur other costs as a result of the change in Specifications, Componentsthe parties shall discuss, API or manufacturing process ("Change"), regardless each acting reasonably and based on satisfactory documentation provided by Patheon indicating the cause of the reason for price change, what impact, if any, such change should have on the price of the Products and payment to Patheon of the related costs. If Client, acting reasonably, accepts a proposed price change. Any and all such cost increases will , the proposed change in the Specifications shall be borne by Cytogenimplemented, and shall be paid to BMS prior to implementation of any Change. Moreover, any increase in cost per Batch associated with implementation of any Change shall be passed directly to Cytogen. The the price change shall become effective only with respect to those Orders orders of Product Products which are manufactured in accordance with the implemented Change. Notwithstanding the foregoing, Cytogen shall not be responsible for the cost of changes made solely for the convenience of BMSrevised Specifications. (b) Notwithstanding any Change change in the Specifications implemented in accordance with the terms of Section 2.7(a)(a) above, Cytogen Client agrees to purchase Product all Products manufactured by BMS Patheon based upon any prior “old” Specifications at the then then-current price for that Productthose Products. In addition, Cytogen Client agrees to purchase, at BMS' Patheon’s cost, all Inventory, Components and API, utilized under the prior “old” Specifications and purchased or maintained by BMS Patheon in order to fill firm Firm written orders, Orders to the extent that such Inventory, Components and/or API Inventory can no longer be utilized under the revised Specifications and cannot be utilized in any other products of BMS and cannot be returned to the supplierSpecifications. Open purchase orders for Components and/or API no longer required under any revised Specifications which were placed by BMS Patheon with suppliers in order to fill firm written orders Firm Orders or in accordance with Section 3.4 shall be cancelled where possible, and where such orders are not subject to cancellation without penalty, shall be assigned to and satisfied by Cytogen. This Section 2.7(bClient. (c) shall not If a change in Specifications must be applicable made by Client solely as a result of Patheon’s acts or omissions, the parties will meet to determine who will bear any costs arising from such change made solely for in the convenience of BMSSpecifications.