DISCUSSIONS REGARDING LONG TERM SUPPLY CAPACITY Sample Clauses

DISCUSSIONS REGARDING LONG TERM SUPPLY CAPACITY. The parties acknowledge that IntraBiotics will gain knowledge regarding the potential market for Licensed Products in the Field and in the Territory as the development of Licensed Products progresses. Accordingly, it is possible that IntraBiotics' full commercial requirements for Bulk Licensed Compounds either upon commercial launch of Licensed Products or thereafter may exceed the capacity at BioSearch's manufacturing facility therefor. If at any time IntraBiotics' good faith estimate of the market for Licensed Products indicates that BioSearch's current manufacturing facility may not have sufficient capacity for manufacturing IntraBiotics' requirements for Bulk Licensed Compound over the term of this Agreement, then IntraBiotics and BioSearch shall discuss in good faith acceptable mechanisms for any such actual or potential inability of BioSearch to supply IntraBiotics' requirements, which may include without limitation for the establishment of a second manufacturing site by BioSearch. If the parties do not agree on such mechanisms for assuring sufficient supply of Bulk Licensed Compound and appropriate amendments to this Agreement implementing such mechanisms, then IntraBiotics may elect to establish a second manufacturing site as provided in Section 7.2 or to pursue other remedies available to it under law or in equity or under this Agreement.
Sample 1Sample 2Sample 3
AutoNDA by SimpleDocs
DISCUSSIONS REGARDING LONG TERM SUPPLY CAPACITY. The parties acknowledge that GENE will gain knowledge regarding the potential market for Licensed Products in the Field and in the Territory as the development of Licensed Products progresses. Accordingly, it is possible that GENE's full commercial requirements for Bulk Licensed Compounds either upon commercial launch of Licensed Products or thereafter may exceed the capacity at Biosearch's manufacturing facility therefor. If at any time GENE's good faith estimate of the market for Licensed Products indicates that Biosearch's current manufacturing facility may not have sufficient capacity for manufacturing GENE's requirements for Bulk Licensed Compound over the term of this Agreement, then GENE and Biosearch shall discuss in good faith acceptable mechanisms for any such actual or potential inability of Biosearch to supply GENE' requirements, which may include without limitation for the establishment of a second manufacturing site by Biosearch. If the parties do not agree on such mechanisms for assuring sufficient supply of Bulk Licensed Compound and appropriate amendments to this Agreement implementing such mechanisms, then GENE may elect to establish a second manufacturing site.
Sample 1

Related to DISCUSSIONS REGARDING LONG TERM SUPPLY CAPACITY

  • Information Systems Acquisition Development and Maintenance a. Client Data – Client Data will only be used by State Street for the purposes specified in this Agreement.

  • The Administrative Services Agreement The Administrative Services Agreement has been duly authorized, executed and delivered by the Company and constitutes a valid and legally binding obligation of the Company enforceable against the Company in accordance with its terms, except as enforceability may be limited by applicable bankruptcy, insolvency or similar laws affecting the enforcement of creditors’ rights generally or by equitable principles relating to enforceability.

  • Transition Services Agreement Seller shall have executed and delivered the Transition Services Agreement.

  • Bank Provides Diverse Financial Services and May Generate Profits as a Result Customer acknowledges that Bank or its Affiliates may have a material interest in transactions entered into by Customer with respect to the Account or that circumstances are such that Bank may have a potential conflict of duty or interest. For example, Bank or its Affiliates may act as a market maker in the Financial Assets to which Instructions relate, provide brokerage services to other customers, act as financial adviser to the issuer of such Financial Assets, act in the same transaction as agent for more than one customer, have a material interest in the issue of the Financial Assets, or earn profits from any of these activities. Customer acknowledges that Bank or its Affiliates may be in possession of information tending to show that the Instructions received may not be in the best interests of Customer. Bank is not under any duty to disclose any such information.

  • Continuing Cooperation Following the Termination Date, Executive agrees to cooperate with all reasonable requests for information made by or on behalf of Company with respect to the operations, practices and policies of the Company. In connection with any such requests, the Company shall reimburse Executive for all out-of-pocket expenses reasonably and necessarily incurred in responding to such request(s).

  • Administrative Services Agreement The Administrative Services Agreement has been duly authorized, executed and delivered by the Company and is a valid and binding agreement of the Company, enforceable against the Company in accordance with its terms except as the enforceability thereof may be limited by bankruptcy, insolvency, or similar laws affecting creditors’ rights generally from time to time in effect and by equitable principles of general applicability.

  • Coordination, Oversight and Monitoring of Service Providers As set forth in the Administrative Services Agreement between the Fund and CRMC, CRMC shall coordinate, monitor and oversee the activities performed by the Service Providers with which AFS contracts. AFS shall monitor Service Providers’ provision of services including the delivery of Customer account statements and all Fund-related material, including summary prospectuses and/or prospectuses, shareholder reports, and proxies.

  • Post-Termination Cooperation Executive agrees that during and after employment with the Company and without additional compensation (other than reimbursement for reasonable associated expenses) to cooperate with the Company in the following areas:

  • Disaster Recovery and Business Continuity Company has developed and implemented a contingency planning program to evaluate the effect of significant events that may adversely affect the customers, assets, or employees of Company and Company Bank. To Company’s Knowledge, such program ensures that Company can recover its mission critical functions, and complies in all material respects with the requirements of the FFIEC and the FDIC.

  • Representations Respecting Sub-Adviser The Manager agrees that neither the Manager, nor affiliated persons of the Manager, shall give any information or make any representations or statements in connection with the sale of shares of the Series concerning the Sub-Adviser or the Series other than the information or representations contained in the Registration Statement, prospectus, or statement of additional information for the Trust’s shares, as they may be amended or supplemented from time to time, or in reports or proxy statements for the Trust, or in sales literature or other promotional material approved in advance by the Sub-Adviser, except with the prior permission of the Sub-Adviser.

Time is Money Join Law Insider Premium to draft better contracts faster.