Martek Requirements for ARA Products Sample Clauses

Martek Requirements for ARA Products. (a) Martek and its Affiliates will have the right to produce an unlimited amount of ARA Products directly or through one or more Third Party Toll Manufacturers. (b) Except as otherwise expressly set forth in Section 3.3, Martek agrees that neither it nor any of its Affiliates shall sell, directly or indirectly, in any calendar year, a combined aggregate quantity of ARA Products that contains more than forty thousand (40,000) Units of ARA, as adjusted pursuant to Section 3.1(b)(i), that are not derived from ARA Products that Martek has purchased from DSM pursuant to this Agreement (the “Martek Allocation”). (i) In the event of a DSM Shortfall during any calendar year, the Martek Allocation for that calendar year will be increased, during the calendar year in which such DSM Shortfall has occurred, by the number of Units of ARA necessary to meet such DSM Shortfall, and the Martek Allocation will automatically revert for the next calendar year to ARA Products containing forty thousand (40,000) Units of ARA that are not derived from ARA Products Martek has purchased from DSM pursuant to this Agreement, except as otherwise specified herein. (c) Except as otherwise expressly set forth in this Agreement, Martek shall purchase all of its requirements for ARA Products from DSM. Notwithstanding anything to the contrary contained in this Agreement, the parties agree that where (i) Martek has developed an ARA Product wherein the ARA content is greater than * and up to * of total fatty acids, (ii) the primary product in such ARA Product is not ARA and (iii) the Martek Allocation has been first fully used to sell such ARA Product, the parties will agree to negotiate in good faith the terms on which to permit Martek to sell such ARA Product; provided that such ARA Product shall only be sold by Martek inside the Martek AXX Xxxxxx of Use and the sale of Units of ARA contained in such ARA Product shall be subject to the Profit Sharing Fee set forth in Section 6.1(i) herein and such other terms the parties may agree upon.
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Related to Martek Requirements for ARA Products

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