Commercial Supply of Product. The Parties agree that the following terms shall govern the commercial supply of Product by Cordis to SRM:
Commercial Supply of Product. River Vision shall be solely and exclusively responsible at its own expense for the commercial manufacture and commercial supply of Product for sale in the Territory, either by itself or through Third Parties.
Commercial Supply of Product. Roche shall be solely and exclusively responsible at its own expense for the commercial manufacture and commercial supply of Product for sale in the Territory, either by itself or through Third Parties.
Commercial Supply of Product. P&U shall purchase from MRVT, and MRVT shall supply P&U, all of P&U's requirements of Product in finished form to be sold by P&U in the Territory. P&U acknowledges that MRVT's obligations to supply P&U with Product are dependent upon P&U's United States Affiliate fulfilling its obligations to MRVT under the Clayton Agreement.
Commercial Supply of Product. Roche shall use Commercially Reasonable Efforts to manufacture and supply Products and Shared Products for commercial use in the Territory, either by itself or through Third Parties, for Licensed Programs at its own cost (subject to Vividion’s Development Cost Share and Profit and Loss Share for Shared Products).
Commercial Supply of Product. 6.1 To the extent not otherwise precluded by regulations of the EEC, BPX hereby grants DONLAR a right of first refusal to enter into a supply agreement providing for DONLAR to supply BPX, its AFFILIATES and any contractor doing work for either of the foregoing all of their requirements for PRODUCT for a period extending from the date of exercise through up to three (3) years following termination of this Agreement. -------------------------------------------------------------------------------- Page 5 February 16, 1996 6
6.2 DONLAR shall use reasonable endeavors to give priority to meet BPX (or its AFFILIATES) reasonable requirements for the supply of PRODUCT for use in the FIELD from time to time on fair and reasonable terms including a price equal to DONLAR'S then current selling price for the time being and for this purpose DONLAR may subcontract in part or in whole or establish manufacture under license as the case may be to supplement its own capacity.
6.3 Any supply agreement as referred to Article 6.1 will provide that in the event DONLAR may become unable or unwilling on any occasion to meet the reasonable requirement of BPX or an AFFILIATE for PRODUCT then BPX or an Affiliate shall then have the right to manufacture itself, or, at its option, to have PRODUCT manufactured by a third party contractor to meet its requirements for use of the same and DONLAR shall grant any such royalty bearing license as may be required to the third party contractor for such time as DONLAR is unable or unwilling to meet the reasonable requirements of BPX or an AFFILIATE as aforesaid and shall indemnify and hold harmless that BPX or an AFFILIATE and/or its contractor from suit for infringement of any DONLAR'S intellectual property rights. BPX or an AFFILIATE shall procure from any proposed third party contractor a binding undertaking to preserve the confidentiality of all data and information in connection with the PRODUCT and to use any and all such data or information only to fulfil the specific order of BPX or an AFFILIATE pursuant to this Article 6.3.
6.4 It is understood and agreed that nothing in this Agreement shall prevent either DONLAR or BPX from working alone or together with a third party in research and development of the control of water and gas shut off in hydrocarbon reservoirs.
Commercial Supply of Product. ISTA shall manufacture, or cause to be manufactured, and supply Otsuka with all of Otsuka's commercial requirements for Product In Final Form in the Territory during the term of this Agreement. In addition, ISTA shall manufacture, or cause to be manufactured, and supply Otsuka, at no charge to Otsuka, with ordered quantities of Product In Final Form for use as marketing samples (such marketing samples not to exceed ******************** ******************** and reasonable quantities of lot samples of Product In Final Form for use in Otsuka's quality control during the term of this Agreement (collectively, the "Sample Units"). Otsuka may provide any Sample Units to Third Parties free of charge, but shall not sell any Sample Units.
Commercial Supply of Product. Company shall be solely and exclusively responsible at its own expense for the commercial manufacture and commercial supply of Product for sale in the Territory, either by itself, or through a Third Party.
Commercial Supply of Product. PEGA1 shall be solely and exclusively responsible at its own expense for the commercial manufacture and commercial supply of Product for sale in the Territory. PEGA1 shall have the right to sub-contract the commercial supply to Third Parties subject to Roche’s prior written consent (such consent not to be unreasonably withheld or delayed, and if no written response for consent from Roche is received by PEGA1 within [####], such consent shall be deemed given).
Commercial Supply of Product. P&U AB shall purchase from Miravant, and Miravant shall supply P&U AB, all of P&U AB's requirements of Product in finished form to be sold by P&U AB in the Territory. P&U AB acknowledges that Miravant has a Development and Commercial Supply Contract with Pharmacia & Upjohn Co., which has a production facility at Clayton, N.C. ("Clayton"), to manufacture certain formulations of Product (the "Clayton Agreement"). Miravant's obligations to supply P&U AB with Product are dependent upon Clayton fulfilling its oxxxxxxxons to Miravant.
