Commitment to Supply. The JV will commit to supply developed products to any of the CDT entities’ device patent licensees so long as (a) such licensee is in good standing and (b) transaction terms can be agreed upon that are commercially beneficial to the JV and, at the same time, such transaction terms are commercially reasonable with respect to the licensee, irrespective of the licensee’s country of incorporation, on the basis of normal commercial criteria including but not limited to volume, offtake and commitment.
Commitment to Supply. Upon the terms and subject to the conditions of this Agreement, (a) Innocoll shall supply EUSA or its permitted designees with its or their total requirements of the Product in finished packaged form for the commercial supply of the Product in the Territory pursuant to Purchase Orders delivered from time to time by EUSA to Innocoll in accordance with Section 4.3 and (b) subject to the provisions of Article 7 below, EUSA and its permitted designees shall purchase exclusively from Innocoll its or their total requirements of the Product to be sold in the Territory.
Commitment to Supply. Supplier shall operate the Plant and use its commercially reasonable efforts to meet the purchase orders of both Purchaser and [AMTC] [SGL] for the Products. Notwithstanding the foregoing, in no event shall Supplier be obligated to make any additional investment of capital in order to satisfy its obligations under this Section 5.
Commitment to Supply. 5.1. COLORESCIENCE shall provide SOLÉSENCE a forecast of COLORESCIENCE’s requirements for Products on a quarterly basis as provided in Section 7.2 below.
Commitment to Supply. Supplier acknowledges and agrees that an uninterrupted supply of Products is critical to the operation of the Company’s business. Therefore, Supplier shall use its best efforts to supply Products in accordance with this Agreement. Should Supplier be unable to deliver Products for a period of sixty (60) days, Supplier shall then use its best efforts to manufacture Products at a third party, under the Supplier’s supervision and management. Should supplier undergo a Change in Control, for the purpose of clarity, Supplier, in whatever form or control, shall remain obligated to the same commitments to perform under this Agreement.
Commitment to Supply. During the Term of this Agreement, upon the terms and subject to the conditions of this Agreement, commencing as of the Effective Date: (a) Kos shall have the right to elect, in its sole discretion, to purchase Finished Product from Xxxx; and (b) Xxxx shall use Commercially Reasonable Efforts to supply to Kos or its designee all Finished Product ordered by Kos pursuant to purchase orders delivered from time to time by Kos to Xxxx in accordance with Section 5.2. During the First License Term, neither Xxxx nor any of its Affiliates shall have the right to manufacture or supply any Licensed Product for or to any Person (including, without limitation, Xxxx and its Affiliates) other than to Kos or its designee, prior to the Marketing License Effective Date for that Licensed Product on a dose-by-dose basis -8- or in anticipation of the future sale by Xxxx and its Affiliates to Third Parties commencing only on or after the Marketing License Effective Date. It is expressly understood and agreed by Xxxx that nothing in this Agreement creates any obligation, by implication or otherwise, on the part of Kos or any of its Affiliates or sublicensees to purchase any Licensed Product hereunder, other than through a purchase order delivered by Kos to Xxxx in accordance with the terms of this Agreement. It is expressly understood and agreed by Kos that Xxxx shall not be required and have no obligation to supply either the Niacin Licensed Product or the Niacin-Lovastatin Licensed Product until such time as Xxxx receives the Approved ANDA for the applicable Licensed Product.
Commitment to Supply. 4.1 Malaysia and Canada Huntsman Tioxide shall supply [+++++] ICI Paints Users in Malaysia and Canada provided these requirements are forecast according to the mechanism stipulated in Clause 5.
Commitment to Supply. Supplier shall operate the Plant and use its commercially reasonable efforts to meet the purchase orders of both Purchaser and Aldila Golf for the Products, and [Material omitted and filed separately with the SEC pursuant to a request for confidential treatment]. Notwithstanding the foregoing, in no event shall Supplier be obligated to make any additional investment of capital in order to satisfy its obligations under this Section 5(b) unless approved by the Board of Managers of Supplier in accordance with the LLC Agreement.
Commitment to Supply. Upon the terms and subject to the conditions of this Agreement and pursuant to Purchase Orders delivered from time to time by Client to CRL in accordance with Section 5.2, CRL shall manufacture, test, package in bulk, store, release and deliver and supply to Client or its designee the Drug Product in accordance with the Specifications, cGMPs, the Master Batch Record, the Quality Agreement and all applicable Laws. CRL acknowledges that time is of the essence in accordance with the terms of this Agreement.
Commitment to Supply. Upon the terms and subject to the conditions of this Agreement and pursuant to Purchase Orders delivered from time to time by Adolor to Supplier in accordance with Section 5.2, Supplier shall (a) use its best efforts to manufacture at its Facility, test, package, store, label, release and deliver the Validation Batches in accordance with the Specifications, cGMPs, the Master Batch Record and all applicable Laws and the provisions of the Quality Agreement and supply the same exclusively to Adolor or its designee and (b) manufacture at its Facility, test, package, store, label, release and deliver the BX7 and/or API Compound in accordance with the Specifications, cGMPs, the Master Batch Record and all applicable Laws and the provisions of the Quality Agreement and supply the same exclusively to Adolor or its designee. Supplier acknowledges that time is of the essence in accordance with the terms of this Agreement. Supplier agrees that it shall not enter into any agreement with another Person that shall preclude it from meeting its obligations under this Agreement.
