NON-ATTAINMENT OF [ * ]L SCALE Sample Clauses

NON-ATTAINMENT OF [ * ]L SCALE. If either Party believes that it will not be commercially feasible to attain and implement the [ * ]L nominal volume fermentation bioreactor production scale for the ONYX-015 manufacturing process, the Parties will consult in good faith as to the feasibility of attaining such manufacturing scale. If Onyx, acting in good faith, determines that it is not commercially feasible to attain such [ * ]L scale, it may select the [ * ]L Development Scale as the Commercial Scale for the ONYX-015 manufacturing process for purposes of the filing of the BLA for ONYX-015, and the Parties will agree in good faith on an equitable adjustment of the price to be paid by Onyx for each Batch at such revised Commercial Scale. Furthermore, XOMA will have no obligation to produce more than [ * ] Batches per calendar year at such [ * ]L Commercial Scale, but the Parties will negotiate in good faith if Onyx desires Batches in excess of the [ * ] Batches per calendar year to be provided pursuant to this Section 4.2(c).
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Related to NON-ATTAINMENT OF [ * ]L SCALE

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