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: Product 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 4 contracts
Samples: Manufacturing Services Agreement (Transcept Pharmaceuticals Inc), Manufacturing Services Agreement (New River Pharmaceuticals Inc), Manufacturing Services Agreement (Avanir Pharmaceuticals)
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: Product Agreement (Acadia Pharmaceuticals Inc), Product Agreement (Acadia Pharmaceuticals Inc), Product Agreement (Acadia Pharmaceuticals 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: Product Agreement (Baudax Bio, Inc.), Product Agreement (Recro Pharma, 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.), Product Agreement (Keryx Biopharmaceuticals 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, 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 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
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) ), if the Actual Annual Yield is less than that the Target Yield.. ARTICLE 3
Appears in 1 contract
Samples: Manufacturing Services Agreement
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 solely as a result of the Actual Annual Yield is being less than the Target YieldYield (except to the extent caused by a material breach of other provisions of this Agreement, the Quality Agreement, or the applicable Product Agreement).
Appears in 1 contract
