General Supply. 3M shall, during the Term of this Agreement, manufacture and ship such quantities of Product as SEPRACOR shall order under the terms of this Agreement. The foregoing shall be shipped to SEPRACOR, F.O.B. 3M Plant, subject to the transfer of title and risk of loss provisions in paragraph 6.6.
General Supply. This Agreement establishes the general terms and conditions applicable to FibroGen’s manufacturing and supply of Product to AstraZeneca. Subject to the terms and conditions of this Agreement, FibroGen hereby agrees, either directly or through one or more Third Party Subcontractors, to manufacture and supply AstraZeneca with the amounts of Product ordered by AstraZeneca in accordance with (and consistent with) its Forecasts and the other ordering terms of this Agreement. Such manufacture and supply of Product (collectively, the “Manufacturing Services”) shall be performed in the manner consistent with industry standards and in compliance with the terms and conditions of the Forecast, this Agreement, the Quality Assurance Agreement, the Specifications, and all Applicable Laws. [*]. If a new Product manufacturer is used by FibroGen, as agreed by the Parties and in accordance with the Quality Agreement (or a new Product Specification is agreed on and/or any other aspect of manufacture, including the facilities, equipment, processes, Raw Materials, Subcontractors, vendors, or record-keeping procedures), [*].
General Supply. Subject to the terms and conditions of this Agreement, FibroGen hereby agrees, either directly or through one or more Third Party Subcontractors, to manufacture and supply Astellas with the amounts of Bulk Product ordered by Astellas in accordance with (and consistent with) the Purchase Order, this Agreement, the applicable Lead Time and all previous Forecasts. Notwithstanding anything in this Agreement to the contrary, any Transfer Date within [*] of the delivery of the first Forecast must be agreed upon by the Parties. The manufacture and supply of Bulk Product (collectively, the “Manufacturing Services”) shall be performed in a professional manner by FibroGen or its Third Party Subcontractors consistent with industry standards including but not limited to cGMP and in compliance with the terms and conditions of this Agreement, the Quality Agreement, the Specifications, and all Applicable Laws. Notwithstanding anything to the contrary herein, [*]. [*] Should Astellas produce Finished Product from Bulk Product supplied under this Agreement, the packaging and labeling to be distributed commercially by Astellas shall contain clearly visible acknowledgement that the Finished Product is licensed from FibroGen and that the Finished Product Trade Mxxx is a registered Trade Mxxx of FibroGen where permitted by the relevant Regulatory Authorities in the Territory. For the avoidance of doubt, where a Regulatory Authority: (i) does not permit the above acknowledgement to be included but changes this position Astellas shall include the acknowledgement as soon as possible [*]; and (ii) where a Regulatory Authority does permit the acknowledgement to be included but changes this position Astellas shall remove the acknowledgement as soon as possible [*].
General Supply. In accordance with the terms and conditions of this Agreement, T&W agrees to manufacture and supply to Symphonix, and Symphonix agrees to purchase from T&W LP2 Programmers and SENSO hybrids during the term of this Agreement. Symphonix and T&W agree that the supply of the SENSO hybrids and LP2 programmers developed as part of this agreement shall be in accordance with the terms and conditions set out in this Agreement. Symphonix will submit its orders for LP2 Programmers and SENSO hybrids on Symphonix's purchase order forms, specifying quantities ordered, shipping instructions, destinations and requested delivery dates. Any additional terms and conditions included in any such purchase order form, or in any order acknowledgment, invoice or other similar form, shall be of no force and effect and shall form no part of the agreement between the parties hereto unless such terms are expressly agreed by the parties in writing. 4.1.1. Pricing ------ ------- The prices set forth below shall be F.O.B. point of origin. All prices are exclusive of sales, use and other taxes, export, import and other duties, which shall be paid by Symphonix F.O.B. point of origin. Prices shall be as set out below for the duration of this Agreement. The pricing structure of the SENSO and/or the LP2 may be revised if both parties mutually agree in writing to a new pricing structure. The 12-month periods referenced will be successive 12-month periods commencing with the placement of the first purchase order by Symphonix. Within such 12-month periods, pricing shall be based initially on the volumes anticipated in the forecast and purchase orders placed. As soon as it becomes evident that actual volumes are likely to indicate a different unit price, purchases shall be at that different price and retroactive price adjustments shall be invoiced to bring the price charged throughout the relevant 12-month period into line with the schedule set out below. SENSO Hybrids: [*] per hybrid, for quantities up to [*] units per 12 month period. [*] per hybrid, quantities above [*] units per 12 month period.
