MANUFACTURE AND SUPPLY OF PRODUCTS BY STELLARTECH Sample Clauses

MANUFACTURE AND SUPPLY OF PRODUCTS BY STELLARTECH. 3.1. Manufacture and Supply of Products by Stellartech. Subject to the terms and conditions hereof, Stellartech shall manufacture and supply Products to AtriCure, Inc. AtriCure, Inc. shall satisfy the following apportioned share of its requirements from Stellartech: (i) all of the first four hundred (400) Products required by AtriCure, Inc. subsequent to the manufacture of all Products under the Development Agreement; and (ii) no less than 75% of AtriCure, Inc.’s additional requirements for Products after completion of the first four hundred (400) Products, since January 2004, for the period of time up to and including twenty four (24) months after delivery of the 400 units (“Stellartech 75% Period”). AtriCure, Inc. may manufacture or have manufactured, by Stellartech or otherwise, any and all Products beyond those allocated exclusively for Stellartech to manufacture under this Section, in any manner, and at AtriCure, Inc.’s sole discretion. Notwithstanding AtriCure, Inc.’s requirements allocation to Stellartech as provided for herein, nothing in this Section 3.1 shall be construed as requiring AtriCure, Inc. to have any Products manufactured or supplied, by Stellartech or otherwise. AtriCure, Inc. may buy out Stellartech’s right to manufacture Products at any time during the Stellartech 75% Period, after taking delivery of the first four hundred (400) Products, by paying Stellartech either [*]% of the gross margin Stellartech would have received if it had manufactured the Products during the Stellartech 75% Period, or $[*]. [*] 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.
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