Orders in Progress. In the event of any termination or expiration of this Agreement, HSL shall, unless such termination has occurred because of a material uncured breach or default by LMI under this Agreement, or LMI’s insolvency, notwithstanding the effective date of any termination or expiration, upon written request of LMI, complete any purchase orders for Product that were placed by LMI and accepted by HSL prior to such date and LMI shall pay HSL for any Product produced in accordance with such purchase orders at the applicable price as set forth in this Agreement. Upon termination or expiration for any reason (other than HSL’s breach or insolvency), LMI will pay HSL for services properly performed by HSL pursuant to one or more Proposals, including in process pre-commercial batches, including all initiated media fills, technical transfer study batches, process justification lots, process performance qualification/process validation lots and all components ordered in anticipation of conducting the foregoing.
Orders in Progress. In the event of expiration of this Agreement, Antigenics MA shall at GSK’s request or otherwise at its election, fill any purchase orders for QS-21 that were made by GSK and accepted by Antigenics MA prior to such date, and GSK shall pay Antigenics MA for any QS-21 supplied by Antigenics MA hereunder. In addition, in the event of early termination of this Agreement, Antigenics MA retains the right but not the obligation to fill any purchase orders for QS-21 that were made by GSK and accepted by Antigenics MA prior to such date, and GSK shall pay Antigenics MA for any QS-21 supplied by Antigenics MA hereunder. In either such an event, and in addition to the provisions set forth in Section 8.4(b) and (c) below, the provisions of Sections 3.4(d) and (e) and 4.1 shall remain in full force and effect until the Parties have fulfilled their respective obligations with respect to such orders.
Orders in Progress. In the event of any termination or expiration of this Agreement, COV shall, unless such termination has occurred because of a material uncured default by LMI under this Agreement, notwithstanding the effective date of any termination or expiration, complete any purchase orders for Product, Drug Substance or Ligand Excipient that were placed by LMI and accepted by COV prior to such date and LMI shall pay COV for any Product, Drug Substance or Ligand Excipient produced in accordance with such purchase orders at the applicable price as set forth in this Agreement.
Orders in Progress. In the event of any termination or expiration of this Agreement, CMO shall, unless such termination has occurred because of a material uncured breach or default by LMI under this Agreement, notwithstanding the effective date of any termination or expiration, upon written request of LMI, complete any purchase orders for Product(s) that were placed by LMI and accepted by CMO prior to such date and LMI shall pay CMO for any Product(s) produced in accordance with such purchase orders at the applicable price and on the terms set forth in this Agreement.
Orders in Progress. In the event of expiration of this Agreement, Supplier shall at Customer’s request or otherwise at its election, fill any purchase orders for QS-21 that were made by Customer and accepted by Supplier prior to such date, and Customer shall pay Supplier for any QS-21 supplied by Supplier hereunder. In addition, in the event of early termination of this Agreement, Supplier retains the right but not the obligation to fill any purchase orders for QS-21 that were made by Customer and accepted by Supplier prior to such date, and Customer shall pay Supplier for any QS-21 supplied by Supplier hereunder. In either such an event, and in addition to the provisions set forth in Section 8.4(b) and (c) below, the provisions of Sections 3.4 (c) and (d) shall remain in full force and effect until the Parties have fulfilled their respective obligations with respect to such orders.
