Maximum Request Clause Samples

Maximum Request. The general unpaid leave of absence period shall not exceed ninety (90) days.

Maximum Request. Subject to Section 5.10(c) below, beginning on [*] and continuing through [*], the annual Maximum Request in Note: Redacted portions have been marked with [*]. The redacted portions are subject to a request for confidential treatment that has been submitted to the Securities and Exchange Commission. Confidential 1 the Agreement shall be equal to the Annual Minimum as defined in Section 5.10(b) below. Immunex and Wyeth hereby waive their ability to reduce the Maximum Request below the Annual Minimum under Section 5.1(b) hereof until an effective date of [*] at the earliest, except to the extent otherwise permitted in Section 5.10(c) below. Subject to Section 5.10(c) below, beginning on [*] and continuing through the end of the Supply Term (unless otherwise agreed in writing among the Parties), the Maximum Request for Calendar Years [*] and [*] shall be as follows: [*] [*] [*] [*] In addition to the Maximum Request, BIP shall be bound to provide the following Bulk Drug Substance Runs in the Original Biberach Facility to Immunex and Wyeth: (i) To the extent that BIP acquires any Original Additional Run or Subsequent Additional Run as a result of its Outsourcing Activities, (A) all such Original Additional Runs shall be reserved for Buyer through [*] and (B) Buyer shall have a ROFR for any Subsequent Additional Run during Calendar Years [*] and [*], and such ROFR shall be exercised according to Section 24.1(d)(2) hereof. (ii) To the extent that BIP enters into a binding commitment, pursuant to Section 5.10(a)(2) below, to provide a number of Bulk Drug Substance Runs that exceeds the Maximum Request in a Transition Year, such commitment shall be binding on the Parties. (iii) BIP shall provide the Baseline Accepted Unused Capacity, as well as any Additional H84 Unused Capacity reserved by Immunex and Wyeth, in accordance with Section 5.10(a)(4) below.

Maximum Request. BIP shall provide Immunex and Wyeth with reserved production capacity, including lyophilization and filling capacity, for Bulk Drug Substance, Drug Product and Finished Product for the Supply Term based on the initial Maximum Request of [*] ([*]) kg per Calendar Year, provided that Buyer may issue Firm Orders for Bulk Drug Substance, Drug Product and/or Finished Product greater than such amount to the extent BIP's free available production capacity for Bulk Drug Substance, Drug Product and/or Finished Product exceeds [*] ([*]) kg per Calendar Year. The Parties acknowledge and agree that the initial Maximum Request of [*] ([*]) kg of Bulk Drug Substance per Calendar Year is based on the initial Production Assumptions set forth in Section 5.3(a) hereof, and the assumption as of the Effective Date that a total of [*] ([*]) Bulk Drug Substance Runs initially reserved for Immunex and Wyeth [*]. The Parties also understand, however, that BIP's actual production of Bulk Drug Substance could be either more or less than [*] ([*]) kg per Calendar Year, depending on such factors as the actual success rate, fermentation crude Product titer, and purification yield.

Maximum Request. Subject to Section 5.10(c) below, beginning on [*] and continuing through [*], the annual Maximum Request in the Agreement shall be equal to the Annual Minimum as defined in Section 5.10(b) below. Beginning [*], or as otherwise set forth in Section 5.10(c) below, the Maximum Request shall revert to the terms in the original Agreement. Immunex and Wyeth shall waive their ability to reduce the Maximum Request below the Annual Minimum under Section 5.1(b) hereof until an effective date of [*] at the earliest, except to the extent otherwise permitted in Section 5.10(c) below. Subject to Section 5.10(c) below, beginning on [*] and continuing through the [*] Confidential Treatment Requested