Common use of Failure or Inability to Supply Product Clause in Contracts

Failure or Inability to Supply Product. (a) Patheon shall ensure that Product is Manufactured and delivered to Flexion on a timely basis consistent with the terms of this Agreement (including the Forecast and Purchase Order procedures set forth in Section 2.3). In the event that Patheon, at any time during the Term, shall have reason to believe that it will be unable to supply Flexion with the full quantity of Product forecasted to be ordered or actually ordered by Flexion in a timely manner and in conformity with the warranty set forth in Section 6.3 (whether by reason of force majeure or otherwise), Patheon shall notify Flexion thereof within […***…] business days. Promptly thereafter, the Parties shall meet to discuss how Flexion shall obtain such full quantity of conforming Product. Compliance by Patheon with this Section 2.7(a) shall not relieve Patheon of any other obligation or liability under this Agreement, including any obligation or liability under clause (b) below. If Patheon’s inability is partial, Patheon shall fulfill Purchase Orders with such quantities of Product as are available. In the event Patheon’s inability to meet Purchase Orders or forecasts is due to a shortage of production capacity in the Manufacturing Suite, Patheon shall in addition to the foregoing requirements, promptly notify Flexion of such shortage of production capacity and the estimated date such shortage of production capacity is to end.

Failure or Inability to Supply Product. (a) Patheon shall ensure that Product is Manufactured and delivered to Flexion Client on a timely basis consistent with the terms of this Agreement (including the Forecast and Purchase Order procedures set forth in Section 2.3). In the event that Patheon, at any time during the Term, is unable or shall have reason to believe that it will be unable to supply Flexion Client with the full quantity of Product forecasted to be ordered or actually ordered by Flexion Client in a timely manner and in conformity with the warranty set forth in Section 6.3 (whether by reason of force majeure or otherwise), Patheon shall notify Flexion Client thereof within in writing on or before […***…] business daysdays setting out the reasons for such inability to supply. Promptly thereafter, the Parties shall meet to discuss how Flexion Client shall obtain such full quantity of conforming ProductProduct and Patheon will take all such actions as may be reasonably agreed by the Parties to minimise any delay. Compliance by Patheon with this Section 2.7(a) shall not relieve Patheon of any other obligation or liability under this Agreement, including any obligation or liability under clause (bSection 2.7(c) below. If Patheon’s inability to supply is partial, Patheon shall fulfill Purchase Orders with such quantities of Product as are availableavailable and the Client’s payment obligations relating to the Product Fee shall be reduced accordingly. In the event Patheon’s inability to meet Purchase Orders or forecasts is due to a shortage *** Certain information on this page has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions. of production capacity in the Manufacturing Suite, Patheon shall in addition to the foregoing requirements, promptly notify Flexion Client of such shortage of production capacity and the estimated date such shortage of production capacity is to end.