No Material Breach. It will not be a material breach of this Agreement by Patheon under Section 8.2(a) if the Actual Annual Yield is less than the Target Yield.
Appears in 17 contracts
Samples: Master Manufacturing Services Agreement (Horizon Therapeutics Public LTD Co), Master Manufacturing Services Agreement (Indivior PLC), Master Manufacturing Services Agreement (Indivior PLC)
No Material Breach. It will shall not be constitute a material breach of this Agreement by Patheon under Patheon, for the purposes of Section 8.2(a) ), if the Actual Annual Yield is less than that the Target Yield.
Appears in 5 contracts
Samples: Manufacturing Services Agreement (Avanir Pharmaceuticals), Manufacturing Services Agreement (New River Pharmaceuticals Inc), Manufacturing Services Agreement (Transcept Pharmaceuticals Inc)
No Material Breach. It will not be a material breach of this Agreement by Patheon under Section 8.2(a) if the Actual Annual Yield is less than the Target Yield unless the Actual Annual Yield is more than […***…]% below the Target Yield.
Appears in 3 contracts
Samples: Master Manufacturing Services Agreement (Acadia Pharmaceuticals Inc), Master Manufacturing Services Agreement (Acadia Pharmaceuticals Inc), Master Manufacturing Services Agreement (Acadia Pharmaceuticals Inc)
No Material Breach. It will not be a material breach of this Agreement by Patheon under Section 8.2(a) if solely because the Actual Annual Yield is less than the Target Yield, so long as the Shortfall is not the result of Patheon failing to meet any obligation set forth in this Agreement.
Appears in 2 contracts
Samples: Master Manufacturing Services Agreement (Akebia Therapeutics, Inc.), Master Manufacturing Services Agreement (Keryx Biopharmaceuticals Inc)
No Material Breach. It will not be a material breach of this Agreement by Patheon under Section 8.2(a) 0 if the Actual Annual Yield is less than the Target Yield; provided, that this Section 2.2(f) shall not preclude a claim by Client for material breach of this Agreement with respect to any acts or omissions of Patheon (which are themselves material breaches) resulting in the Actual Annual Yield being less than the Target Yield.
Appears in 2 contracts
Samples: Master Manufacturing Services Agreement (Baudax Bio, Inc.), Master Manufacturing Services Agreement (Recro Pharma, Inc.)
No Material Breach. It will For greater certainty, it shall not be constitute a material breach of this Agreement by Patheon under Patheon, for the purposes of Section 8.2(a) 7.2(a), if the Actual Annual Yield is less than the Target Yield.
Appears in 1 contract
Samples: Manufacturing Services Agreement (Sepracor Inc /De/)
No Material Breach. It will not be a material breach of this Agreement by Patheon under Section 8.2(a) if the Actual Annual Yield is less than the Target Yield, provided that Patheon has otherwise complied with its obligations under this Agreement.
Appears in 1 contract
Samples: Manufacturing Services Agreement (Nabriva Therapeutics PLC)
No Material Breach. It will not be constitute a material breach of this Agreement by Patheon under Patheon, for the purposes of Section 8.2(a) ), if the Actual Annual Yield is less than the Target Yield.
Appears in 1 contract
Samples: Manufacturing Services Agreement (Acorda Therapeutics Inc)
No Material Breach. It will shall not be constitute a material breach of this Agreement by Patheon under Patheon, for the purposes of Section 8.2(a) 8.3(a), if the Actual Annual Yield is less than that the Target Yield.
Appears in 1 contract
Samples: Manufacturing Services Agreement (Critical Therapeutics Inc)
No Material Breach. It will not be a material breach of this Agreement by Patheon under Section 8.2(a) if the Actual Annual Yield is less than the Target Yield.. *** Confidential Treatment Requested
Appears in 1 contract
Samples: Master Manufacturing Services Agreement (Neurocrine Biosciences Inc)
