Component Supply. 3.1 The Parties have agreed that the Seller shall supply the Components listed in Appendix 1 to the Buyer under this Agreement. Agreement nb.: LOT22-002 SA TEMPLATE VERSION 201022 4 3.2 When desiring to purchase Components under this Agreement, the Buyer will issue a request to the Seller that will investigate the delivery possibilities and provide a quote. If the Buyer agree to the quote the Buyer shall issue a Purchase Order and submit it to the Seller upon which the Parties will have a binding commitment to purchase and supply the Components covered by the Purchase Order. 3.3 The Buyer may cancel a Purchase Order in whole or in part. In this event the Buyer shall reimburse the Seller for any actual costs and expenses incurred by the Seller due to the Buyer’s cancellation and which the Seller is unable to mitigate. The Seller shall produce reasonable documentation on the incurred costs and expenses for which the Seller claims reimbursement. 3.4 Subject to a written agreement, the Parties may decide to add additional Components to this Agreement which will then become subject to the terms and conditions of this Agreement. 4.
Component Supply. (a) CCC shall maintain and manage adequate Component inventory in order to meet Nevro’s Purchase Orders. CCC shall immediately notify Nevro in the event of any potential material delays or shortages that may impact CCC’s delivery of Products in accordance with the applicable Forecast or Purchase Orders.
Component Supply. From time to time after the Closing, the Parties shall cooperate to establish a commercially reasonable arrangement whereby Parent or any of its Affiliates purchases goods under those Contracts (i) described in Exhibit 4.4 that have not been assigned to Buyer prior to the Closing (ii) described in Exhibit 5.12 and (iii) under which Parent or any of its Affiliates purchases supplies and other products used in the Ice Business for which alternate suppliers are not available as of the Closing Date (collectively, the “Master Supply Agreements”) and resells such goods to the Group Companies for the same price, and upon substantially the same other terms, as Parent or its Affiliate purchased such goods under the applicable Master Supply Agreement. The provisions of this Section 5.12 shall terminate with respect to the applicable Master Supply Agreement upon the earliest of the following to occur: (a) the date on which Buyer or any of its Affiliates (including, for this purpose, any Group Company) enters into a Contract for the direct supply to any Group Company of the same or substantially equivalent goods that are available to Parent or any of its Affiliates under the applicable Master Supply Agreement; (b) the date on which Buyer or any Group Company provides Parent with written notice of its intent to discontinue the arrangement whereby any Group Company purchases goods under the applicable Master Supply Agreement indirectly through Parent or its Affiliates as described in this Section 5.12; (c) the expiration of the applicable Master Supply Agreement in accordance with the terms of such Master Supply Agreement as of October 6, 2008; or (d) the date that is twelve (12) months after the Closing Date.
Component Supply. Notwithstanding the rights granted in Section 6.01, NexMed shall have the exclusive right to manufacture and sell to Vergemont in the Territory certain ingredients of the Licensed Products. NexMed shall sell to Vergemont and Vergemont shall purchase exclusively from NexMed the Penetration Enhancement Ingredients for the manufacture of the Licensed Products as identified in Appendix A at a price equal to NexMed's full costs associated with production of the Penetration Enhancement Ingredient plus [*]% thereof.
Component Supply. Notwithstanding the rights granted in Section 6.01, NexMed shall have the right to manufacture and sell to Lotus in the Territory certain ingredients of the Licensed Product. NexMed shall sell to Lotus and Lotus shall purchase from NexMed the Penetration Enhancement Ingredients for the manufacture of the Licensed Product at a price equal to NexMed's full costs associated with production of the Penetration Enhancement Ingredient plus 25% thereof. In addition, Lotus shall purchase from NexMed the active ingredient, Compound A, at a price equal to NexMed's full costs (no profits) delivered CIF Taiwan. 6.03
Component Supply. PSJV agrees to fill the Orders by supplying the Components to Haoqing. In that connection, PSJV will maintain the production process to meet and fulfil the Orders, and will acquire or supply all other materials, production factors, Supplies and services necessary.
Component Supply. Supplier shall purchase a quantity of Components required for the manufacture of Products for the first [***] ([***]) months of the Initial Forecast. Upon Customer’s request, Supplier and Customer will also discuss any amendments that should be made to the list of Components to be purchased by Supplier, including by reason of more favorable pricing terms that may be available to Customer, and at Customer’s discretion, Customer may request that certain Components become Consigned Components (in which case Section 2.6(d) shall apply to such components), or that Consigned Components should be purchased by Supplier. Supplier shall be responsible for acquiring all Components, including associated costs of shipping, freight, taxes and duties, and for managing inventory of Components and ensuring that Supplier has sufficient quantities (not to be less than [***] ([***]) months’ supply) of Components in stock to meet Customer’s Binding Forecasts. Supplier shall keep Customer regularly informed of the status of the Component inventory, and shall immediately notify Customer in the event of any potential material delays or shortages that may impact the ability to manufacture Products in accordance with Binding Forecasts, or to meet Shipment Dates. [***] Certain information in this document has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions.
Component Supply. Supply Uroplasty in a timely manner with its entire requirements, in bulk and not sterilized, the stainless steel needles with the handles, the tape and packaging components that are used to assemble the CL Product, as further detailed below (the “CL Product Components”), all as manufactured in accordance with ISO 13485 standards and European Directives.
Component Supply. The parties recognize that certain individual electronic components incorporated into one or more Products in the Product Line are comprised of ADA Contributed Technology or of Nortel Contributed Technology, as the case may be. No license or other rights with respect to the intellectual property incorporated in the Components are granted under this Agreement. Each party shall, however, supply to the other the Components, for the limited purpose of permitting the incorporation of such Components into the Products, on the terms and conditions described in the Component Supply Agreement. Attached hereto as Exhibit 5.2 is a form of Component Supply Agreement which the parties agree shall constitute the first draft of the Component Supply Agreement. The parties agree, promptly upon the execution of this Agreement, to meet and negotiate in good faith the final terms and conditions of the Component Supply Agreement and to finalize such negotiations and enter into the formal Component Supply Agreement no later than October 31, 1997. The failure to enter into the formal Component Supply Agreement by October 31, 1997 shall give either party the right to implement the escalation procedure described in Section 18 below.
Component Supply. Xxxxxx shall be responsible for procuring, testing and releasing on a timely basis all Components (including BD syringes, except as otherwise provided below) needed to Produce and deliver the Drug Product, except that Altus shall supply to Xxxxxx, at Altus' cost, the Altus Supplied Components. Except as may specifically be set forth in the Project Plan, on receipt of the Altus Supplied Components as set forth above, Althea's sole obligation with respect to evaluation of the Altus Supplied Components shall be to review the accompanying certificate(s) of analysis (if any) to confirm that the Altus Supplied Components conform with the Specifications. [***]Xxxxxx [***] in order to [***] of the batches of Drug Product, the Parties will[***] [***] [***] As promptly as practicable after the Effective Date, Xxxxxx will inform Altus of the quantity of BD syringes that Xxxxxx anticipates it will need. In addition, Xxxxxx will as promptly as practicable provide an approved vendor list for its purchase of all needed Xxxxxx Supplied Components, [***] that relate to Xxxxxx Supplied Components for Altus' review. If Altus determines that additional audits of vendors of Xxxxxx Supplied Components need to be conducted, such needed vendor audits will be conducted by the Parties [***]. PORTIONS OF THIS EXHIBIT WERE OMITTED AND HAVE BEEN FILED SEPARATELY WITH THE SECRETARY OF THE COMMISSION PURSUANT TO THE COMPANY'S APPLICATION REQUESTING CONFIDENTIAL TREATMENT UNDER RULE 24B-2 OF THE SECURITIES EXCHANGE ACT OF 1934.
