Kaketsuken’s Production Capacity and Scale-Up Sample Clauses

Kaketsuken’s Production Capacity and Scale-Up. (a) The total amount of production of Bulk Product by Kaketsuken less the amount of Bulk Product used by Kaketsuken for its internal demand shall be considered the “Capacity Limit”, and the total production amount, the amount of internal demand and the Capacity Limit of each year shall be mutually decided by the Parties. Kaketsuken’s obligations to supply VaxGen’s requirements of Bulk Product are limited to amounts within this Capacity Limit, subject to Section 6.4(b). (b) In the event that VaxGen determines that its requirements for Bulk Product exceed the Capacity Limit, and provided that: i) VaxGen delivers to Kaketsuken written notice [ * ] to its requested delivery date of such additional Bulk Product; and ii) the Parties have exchanged such assurances and put in place such risk sharing and risk mitigation measures as are consistent with good business judgment, then Kaketsuken agrees that it shall scale-up production of the Bulk Product, in an amount to be mutually agreed by the Parties.
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