Material Delivery Delays. Timely delivery of Client supplied Materials and Baxter supplied Materials shall mean that the respective Materials and the required cGMP-related documents reach Baxter prior to the scheduled manufacturing date of such Product per the timing set forth in the Project Plan. A delay in delivery of the Client supplied Materials by the vendor shall not be considered to be a delay by Baxter. A delay in delivery of the Baxter supplied Materials by the vendor shall not be considered to be a delay by Client. Notwithstanding anything in this Agreement to the contrary, in the event that Baxter receives the Client supplied Materials and associated cGMP documents for the Production of Product from Client with less time than requested in the Project Plan, but within sufficient time to Produce such Product on such scheduled date, Baxter shall charge Client an additional fee of [* * *], which shall be paid promptly to Baxter prior to Production, and Baxter shall Produce such Product as per the original schedule. Notwithstanding anything in this Agreement to the contrary, in the event that Baxter receives the Client supplied Materials for Production of Product from Client with less time than requested in the applicable Project Plan prior to the scheduled date of Production of such Product, and without sufficient time to Produce such Product on the scheduled date or in the event Client cancels or reschedules Production of Product, Baxter shall reschedule Production of such Product and shall charge Client the applicable Reschedule Fee pursuant to Section 4.2.
Material Delivery Delays. Timely delivery of Client supplied Materials shall mean that the respective Materials and the required cGMP-related documents reach Baxter at least three (3) months prior to the Delivery Date of Product as set forth in the Firm Purchase Order. A delay in delivery of the Materials by the vendor shall not be considered to be a delay by Baxter. Notwithstanding anything in this Agreement to the contrary, in the event that Baxter receives the Client supplied Materials and associated cGMP documents for the Production of Product less than three (3) months prior to the Delivery Date of Product as set forth in the Firm Purchase Order, Baxter may charge Client the Reservation Fees as set forth in the Product Master Plan.
Material Delivery Delays. Timely delivery of Client supplied Materials shall mean that the respective Materials and the required cGMP-related documents reach Ology Bio prior to the scheduled manufacturing date of such Product per the timing set forth in the Project Plan. Any delay in delivery of the Materials by Client may lead to a delay by Ology Bio in its performance hereunder, which delay shall not be considered a breach of Ology Bio’s obligations hereunder. Material Delivery Delays shall impact production space availability and timing. If because of a Material Delivery Delay Ology Bio incurs additional costs, Ology Bio, in its sole discretion, may require Client to reimburse for any such additional costs. If the cause of the delay is due to Ology Bio’s failure to timely order Materials to support development and production activities, Ology Bio shall be responsible for any additional costs due to such delays. Ology Bio shall promply notify Client of any Material Delivery Delays.
