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. 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. 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.
5.1.1. It is understood that the Products are intended to be a critical component of COLORESCIENCE’s most important franchise products. SOLÉSENCE shall enable supply, establish and maintain an inventory at its facility equivalent to at least three months’ supply based upon COLORESCIENCE’s most recent forecasts, provided that with respect to the Innovation Solution Actives, SOLÉSENCE shall maintain an inventory at its facility equivalent to at least six months’ supply based upon COLORESCIENCE’s most recent forecasts. SOLÉSENCE will within 120 days of the commercialization of each Product, qualify a third party manufacturer (the “Qualified Manufacturer”) acceptable to COLORESCIENCE to produce such Product consistent with the Product Specifications. Should SOLÉSENCE be unable for a period of 60 days to supply any Products for any reason whatsoever, SOLÉSENCE shall compel the Qualified Manufacturer to produce such Products on SOLÉSENCE’s behalf. Upon resumption of production capability, SOLÉSENCE shall resume production and supply of such Products to COLORESCIENCE.
5.1.2. Should SOLÉSENCE due to insolvency, breach, Force Majeure Event or any other reason be unable or otherwise fail to supply any Products for a period of greater than 75 days (provided that in the event of a Force Majeure Event, such period shall be greater than six (6) months), and such failure was not due to a breach or failure of COLORESCIENCE to comply with its obligations under this Agreement, COLORESCIENCE shall have the right to have the Qualified Manufacturer or, if such Qualified Manufacturer is unable to meet the supply obligations under this Agreement, an alternative manufacturer chosen by COLORESCIENCE, produce and supply such Products directly for COLORESCIENCE, until such time as SOLÉSENCE can resume supply. Any agreement between SOLÉSENCE and the Qualified Manufacturer shall provide that COLORESCIENCE shall have the right to purchase Products at prices no greater than the prices provided in this Agreement. To the extent such price is less than that provided under this Agreement, COLORESCIENCE agrees to provide such differential to the then owner of U.S. Patent 9,139,737 provided that (i) such Patent Rights has validly issued claim covering such Product at the time of manufacture and (ii) in no event shall such royalty payment con...
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, Xxxx shall use Commercially Reasonable Efforts to supply to Xxxxx or its designee, and Xxxxx shall purchase from Xxxx, all of Galen’s requirements for Finished Product pursuant to purchase orders delivered from time to time by Xxxxx to Xxxx in accordance with Section 4.2. During the First License Term (as defined in the License Agreement), neither Xxxx nor any of its Affiliates shall have the right to manufacture or supply any Licensed Product for or to any other Person. It is expressly understood and agreed by Xxxxx that Xxxx shall not be required and have no obligation to supply either the 21-Day Licensed Product or the 28-Day Licensed Product until such time as Xxxx receives the Approved ANDA for the applicable Licensed Product and Xxxxx has exercised the Option (as defined in and in accordance with the License 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 manufacture, test, package, store, label, release and deliver and supply to Adolor or its designee the API Compound in accordance with the Specifications, cGMPs, the Master Batch Record and all applicable Laws and the provisions of the Quality 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.
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. AMICUS retains WUXI BIOLOGICS on a non-exclusive basis to supply API and/or Product according to its Rolling Forecasts and WUXI BIOLOGICS shall use Commercially Reasonable Efforts to supply said API and Product solely to AMICUS.
Commitment to Supply. [*] to Bxxx Laboratories, Inc. Shire shall supply Bxxx with [*] of AG Product, to be delivered by Shire [*]. These bottles shall be in addition to any amounts of AG Product that Bxxx is otherwise entitled to purchase under the License Agreement, and shall be disregarded in determining whether or the extent to which the amount ordered by Bxxx for [*] or the Purchase Order Period that [*], deviates from the previous forecast under Section 5.5 of the License Agreement. [*]
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. Upon the terms and subject to the conditions of this Agreement and pursuant to Purchase Orders delivered from time to time by Adolor to PII in accordance with Section 5.2, PII shall manufacture, test, package in bulk, store, label, release and deliver and supply to Adolor or its designee the Drug Product in accordance with the Specifications, cGMPs, the Master Batch Record and all applicable Laws and the provisions of the Quality Agreement. PII acknowledges that time is of the essence in accordance with the terms of this Agreement.
