Material Supply. In the event that Supplier cannot, or does not, pursuant to Sections 2.01, 15.01 or 15.02 of this Supply Agreement, continue to produce Buyer's requirements, Supplier will use commercially reasonable efforts to separately supply Materials for Buyer's use at other contract manufacturers to produce Buyer's requirements. Notwithstanding the foregoing, Buyer's use of the Materials at another manufacturer is subject to Section 12.02 below.
Material Supply. 6.1 Within three (3) months of the Effective Date, KH shall supply [. . .***. . .] grams of the Material to NC. Notwithstanding this three (3) month period, KH shall proceed with such supply immediately after the Effective Date and shall make reasonable efforts to expedite such supply.
6.2 For the purpose of Section 6.1, NC shall notify KH in writing of where and how the Material should be sent.
6.3 When the Material is supplied to NC by KH for the transactions contemplated hereunder, such Material shall be supplied "as it is" and is neither compliant with the GMP requirements nor for human use. For clarification, KH is not obligated to reanalyze such Material or to provide NC with any documentation relating to such Material, including the certificates for analysis.
6.4 For human bodies shall NC not use the Material supplied to NC by KH for the transactions contemplated hereunder.
6.5 The parties agree that, as regards the Material supplied to NC by KH for the transactions contemplated hereunder, it is NC's sole responsibilities to respond to the inquiries from and to cope with the audit or inspection by the Authority.
6.6 The ownership of, and risk of loss to the Material supplied to NC by KH for the transactions contemplated hereunder shall pass from KH to NC at the time of its delivery from KH to NC.
Material Supply. For the purpose of manufacturing Product:
2.1.1 Prior to the date on which Arch achieves commercial scale production of Material, Arch may purchase from Codexis, and Codexis shall supply to Arch in accordance with the terms of a purchase order received from Arch, a quantity of Material sufficient to enable Arch to fulfill Codexis’ orders for Product, at a fee payable in Rupees in an amount equal to [*] for each kilogram of Material. The timing and delivery of such supply by Codexis shall be consistent with the Rolling Requirement Forecast, as defined in Section 3.3.
2.1.2 The Parties intend to enter into a Technology Transfer and Manufacturing Agreement with respect to the manufacture of Material (the “HN Agreement”). After the date on which Arch achieves commercial scale production of Material pursuant to the terms of the HN Agreement, Arch shall use only Material manufactured by Arch in accordance with the terms of the HN Agreement, and shall use no other Material, in the production of Product.
Material Supply. BREACH means a failure of BI: (a) to supply to HORIZON at […***…] of HORIZON’s binding forecasted requirements of DRUG SUBSTANCE or PRODUCT (or actual orders, if less) that are due for shipment by the designated shipment date during the then-current calendar half-year; or (b) to repeatedly […***…] materially violate against cGMP.
Material Supply. It is the intention of the parties that, if mutually acceptable terms and conditions of supply are agreed upon, ExxonMobil or an Affiliate of ExxonMobil will have the opportunity, but not the obligation, to supply Novel Materials found to be useful in the * by Symyx in conducting research, on its own or on behalf of Third Parties. In the event that Symyx is working on a program with a Third Party outside of *, involving the possibility of commercialization of a Novel Material, Symyx shall, subject to its obligations to the Third Party, inform the Third Party of the availability of such Novel Material from ExxonMobil or its Affiliates, including:
(a) provide notice to ExxonMobil as early as is practicable to facilitate ExxonMobil’s opportunity to supply such Novel Material, but without any obligation to disclose the application or the identity of the Third Party; and * Confidential treatment requested
(b) inform said Third Party that ExxonMobil or an Affiliate of ExxonMobil may be able to supply developmental quantities of such Novel Material (i.e. for feasibility testing, etc.); and
(c) inform said Third Party that ExxonMobil or an Affiliate of ExxonMobil may be able to supply commercial quantities of such Novel Material. In the event that Symyx itself wishes directly to commercialize a Novel Material (i.e. not by license to a Third Party, or not in connection with a collaboration with a Third Party) discovered pursuant to the Research Program for use outside of *, Symyx shall provide written notice to ExxonMobil, but without any obligation to disclose the application, and ExxonMobil shall have a right of negotiation to manufacture and supply, or have manufactured and supplied by, or on behalf of, an Affiliate of ExxonMobil, such Novel Material on commercially reasonable terms, without obligation to reach agreement. To exercise this right, ExxonMobil shall give written notice to Symyx within * days of ExxonMobil’s receipt of Symyx’ notice and the negotiations shall commence promptly in good faith and continue for a period not to exceed * days from the giving of such notice by ExxonMobil. If ExxonMobil and Symyx do not reach agreement within such * period, Symyx shall have no further obligations to ExxonMobil or its Affiliates under this Section 4.06. In the event a Third Party potential customer approaches ExxonMobil or an ExxonMobil Affiliate to supply, or ExxonMobil or an ExxonMobil Affiliate wishes to supply to a Third Party, a Novel Material for evalua...
Material Supply. Upon Newsoara’s request, AUM shall provide to Newsoara the sufficient amount of certain materials in AUM’s possession and created by or on behalf of AUM in connection with AUM’s (or its Affiliates) Development of a Licensed Compound, including the sufficient amount of Licensed Compound for Newsoara’s filing of an IND in the Territory for the Licensed Compound.
Material Supply. Basically, material will be supplied by or at the direction of customers of the Company. Otherwise Sumitomo will supply the material (including material processing) to the Company to the extent that such materials are competitive in price or other conditions and approved by the Board of Directors of the Company. For the purpose of this Section 10.2, prior to execution of any supply agreement with any third party for the purchase of such raw materials, the Company shall provide Sumitomo in writing the material terms of the proposed supply arrangement and Sumitomo shall have ten (10) days to deliver notice to the Company of its intent to supply the Joint Venture such raw materials in accordance with the proposed terms of the supply arrangement. If Sumitomo declines to supply such raw materials or if the Company does not receive Sumitomo’s written notice of intent to supply within said ten (10) day period, the Company may contract with any third party for the supply of such raw materials on the terms contained in the proposed supply arrangement (and such other terms as such parties may agree).
Material Supply. 10.1 Where the Customer orders a particular brand of product and the product is not available, the Company may in its absolute discretion supply another product with identical or similar properties to that which was ordered (Equivalent) and the Customer will be obliged to accept and pay for the Equivalent as if the ordered brand of product had been supplied. The Company will not be under any obligation to notify the Customer of such occurrence. The Customer should note that the use of colour names in any Company document indicate no more than the colour or product supplied or its equivalency.
10.2 Subclause 10.1 will not apply in circumstances where the Customer has given the Company notice in writing stating that the Customer will only accept products bearing the brands or trademarks specified in its orders.
Material Supply. Reka-Farm hereby covenants that it shall maintain sufficient Facilities, relationships, rights, personnel and resources to meet its obligations under this Agreement to supply the quantities of Material specified in an Accepted Purchase Order.
Material Supply. It is acknowledged that Teijin is the major supplier of PET film to Southwall. In recognition of this status Southwall hereby acknowledges Teijin as a Most Favored Supplier and, during the term of this Agreement, Southwall shall grant Teijin the most preferential position in respect to Southwall's purchases of PET film and/or other new films so long as the price, quality and other supply conditions are competitive with those of other supplier(s).
