Interim Supply Agreement Clause Samples

Interim Supply Agreement. The Buyer shall have duly executed and ------------------------ delivered to BSC the Interim Supply Agreement.

Interim Supply Agreement. BioMarin will use commercially reasonable efforts to obtain, as soon as practicable, the consent of Cima to assign the obligations under the Cima Supply Agreement as related to the production of Orapred ODT for distribution within North America. Until such consent is obtained, BioMarin and Alliant shall be deemed to have entered into a new supply agreement for the production of Orapred ODT for distribution in North America on the same terms and conditions as the Cima Supply Agreement, whereby BioMarin shall have all of Cima’s rights and obligations under the Cima Supply Agreement and Alliant shall have all of BioMarin’s rights and obligations under the Cima Supply Agreement, except that: (i) all time periods as contained in the Cima Supply Agreement for Cima to act shall be extended by the lesser of (x) three (3) business days or (y) one-half of the time allowed under the Cima Supply Agreement, rounded down to a full business day, and all periods for BioMarin to act shall be reduced by lesser of (x) three (3) business days or (y) one-half of the time allowed under the Cima Supply Agreement, rounded down to a full business day; (ii) BioMarin’s obligations under the deemed agreement shall be contingent on Cima’s performance under the Cima Supply Agreement; (iii) BioMarin cannot guarantee Alliant access to Cima’s facility, but will continue to use commercially reasonable efforts to provide Alliant with all such access; and (iv) the deemed agreement shall include any other appropriate changes to the Cima Supply Agreement based on the premise that BioMarin is intending to pass through its rights to the Cima Supply Agreement to the extent possible without it being deemed to be an assignment of BioMarin’s obligations under the Cima Supply Agreement.