Duty to Manufacture. Apollo shall (a) establish and thereafter maintain sufficient manufacturing capacity to produce the Company Products in quantities sufficient to fill the Company's projected monthly requirement set forth by the Company; (b) use its reasonable efforts to maintain a sufficient level of inventory of the Company Products to fulfill the Company's purchase orders; (c) upon discussions with the Company, buy all raw materials and parts necessary to manufacture such quantities of the Company Products; and (d) upon discussions with the Company, purchase and fabricate any molds, patterns and tooling necessary to manufacture the Company Products.
Duty to Manufacture. Upon completion of the Pre-Manufacturing Phase, NASI agrees to take responsibility for the ion implantation facility and to manufacture Products to mutually agreed upon Product Specifications and in accordance with forecasts provided by RADIOMED pursuant to Section 4.6 hereof. NASI agrees to provide access to the ion implantation facility by RADIOMED personnel for research and development activities, provided that such access does not interfere with scheduled manufacturing activities.
Duty to Manufacture. RHINO shall: (a) establish and thereafter maintain sufficient manufacturing capacity to produce RT/RREVs in quantities sufficient to fill RRV’s projected periodic requirements, as set forth in RRV’s periodic Forecasts; provided, however, that such Forecasts do not exceed twenty percent (20%) of the immediately preceding Forecast delivered to RHINO; provided, further, however, that RHINO shall not be required to acquire additional facilities, plants or equipment to carry out the Forecasts if and when such Forecasts increase in quantity; (b) use its reasonable efforts to maintain a sufficient level of inventory of the RT/RREVs (and/or the component parts necessary) to fulfill RRV’s purchase orders consistent with the Forecast; (c) at its expense, buy all raw materials and component parts necessary to manufacture, fabricate and/or assemble such quantities of the RT/RREVs to fulfill RRV’s Purchase Orders; and (d) purchase, manufacture, assemble and/or fabricate at its 1 For example, but not by way of limitation, if RHINO terminated this Agreement effective December 31, 2011, and RRV had purchased the number of RT/RREVs shown in the Table in §2.5, then each Party’s outstanding, unrecouped “Development Cost Amount” would be the sum of $100,000, determined as follows: The amount of the Development Cost Amount on the date of this Agreement [i.e., $250,000], LESS an amount equal to $1,000 TIMES the number of RT/RREVs purchased by RRV in the initial Term [i.e., 10 x $1,000 + $10,000], the First Renewal Term [i.e., 20 x $1,000 + $20,000], the Second Renewal Term [i.e., 40 x $1,000 + $40,000], and the Third Renewal Term [i.e., 80 x $1,000 + $80,000] – all for a total of $150,000.) expense any dies, jigs, molds, patterns and tools necessary to manufacture, assemble and/or fabricate at its expense the RT/RREVs.
Duty to Manufacture. Notwithstanding any expiration or termination of this Agreement (other than termination by the Supplier pursuant to Section 8.2 or 8.3 hereof), the Supplier shall manufacture, fulfill and ship all Products ordered by AMO and its Affiliates prior to the date of expiration or termination of this Agreement.
Duty to Manufacture. 10 5.6 Inventory Support .................................... 10 5.7
Duty to Manufacture. ORTHOBIO shall establish and maintain the capacity necessary to produce in any thirty (30)-day period a quantity of the Products sufficient to satisfy the greater of (a) twelve percent (12%) of MENTOR's Agreed Purchase Commitment for the Products for the then-current Computation Period or (b) ten percent (10%) of MENTOR's actual purchases during the preceding calendar year. MENTOR's Firm Order pursuant to Section 5.7, below, for any given month shall not exceed ORTHOBIO's then-existing production capacity unless ORTHOBIO agrees otherwise.
Duty to Manufacture. NAMS shall establish and maintain sufficient capacity necessary to satisfy MENTOR's Anticipated Requirements for the Product during the first and second Sales Years and thereafter shall increase its production capacity to the extent that the parties mutually agree or, in the absence of an agreement to the contrary, to an amount sufficient to satisfy MENTOR's requirements if MENTOR's sales were to increase each year by the percentage increase, if any, in its sales in the preceding year.
6.5.1 Should NAMS be unable to fill MENTOR's Anticipated Requirements on a timely basis, then at the request of either party appropriate representatives of NAMS and MENTOR shall meet in order to review and analyze NAMS's production capacity, projected Product sales, and Product order, manufacture and shipment cycles, in order to develop and implement appropriate remedies.
6.5.2 NAMS shall exercise due diligence in expanding its production capacity to meet unanticipated increases in demand for the Product consistent with the availability of capital and its other operating requirements, and MENTOR shall not be entitled to terminate its obligation to procure all of its requirements for the Product from NAMS except on the terms and conditions set forth in Section 8, below.
