Common use of Other Supplier Default Clause in Contracts

Other Supplier Default. “Other Supplier Default” shall mean the breach or failure by the Supplier with respect to any obligation, covenant, representation, warranty or condition under this Agreement that is not remedied by the Supplier within thirty (30) days after receiving written notice thereof from the Purchaser, other than a Supplier Material Default, or if such breach or failure is susceptible of cure but cannot be reasonably cured within thirty (30) days, unless the Supplier in good faith promptly commences pursuing such cure and diligently and continually does so but in no event to exceed sixty (60) days from the date of the Purchaser’s notice. Notwithstanding the foregoing, none of the foregoing occurrences shall constitute an Other Supplier Default to the extent such occurrence is a direct result of (a) a breach by the Purchaser of a representation, warranty or covenant hereunder, (b) any failure by the Purchaser to comply with the Applicable Laws or Regulatory Acts or to perform any of its obligations under this Agreement, (c) the Supplier’s compliance with the Specifications or an order of a Regulator directed to the Supplier specifically regarding its compliance with cGMPs, the Regulatory Acts, or Applicable Laws, or (d) a Force Majeure Event.

Appears in 2 contracts

Samples: Supply Agreement (Inspire Pharmaceuticals Inc), Supply Agreement (Insite Vision Inc)

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Other Supplier Default. Other Supplier Default" shall mean ---------------------- the breach or failure by the Supplier with respect to any obligation, covenant, representation, warranty or condition under this Agreement that is not remedied by the Supplier within thirty (30) days after receiving written notice thereof from the PurchaserGWI, other than a "Supplier Material Default", or if such breach or failure is susceptible of cure but cannot be reasonably cured within thirty (30) days, unless the Supplier in good faith promptly commences pursuing such cure and diligently and continually does so but in no event to exceed sixty (60) days from the date of the Purchaser’s GWI's notice. Notwithstanding the foregoing, none of the foregoing occurrences shall constitute an Other Supplier Default to the extent such occurrence is a direct result of (ai) a breach by the Purchaser GWI of a representation, warranty or covenant hereunder, hereunder or under the Purchase Agreement or the Environmental Agreement; or (bii) any failure by the Purchaser GWI to comply with the Applicable Laws FD&C Act or Regulatory Acts or to perform any the provisions of its obligations under Section 10.1 of this Agreement, ; or (ciii) the Supplier’s 's compliance with the Specifications or an order of a Regulator Governmental Body directed to the Supplier specifically regarding its compliance with cGMPsCGMPs, the Regulatory ActsFD&C Act, Environmental Laws or Applicable Laws, or (d) a Force Majeure EventLegal Requirements.

Appears in 1 contract

Samples: Supply Agreement (Catalytica Inc)

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Other Supplier Default. Other Supplier Default" shall mean ---------------------- the breach or failure by the Supplier with respect to any obligation, covenant, representation, warranty or condition under this Agreement that is not remedied by the Supplier within thirty (30) [*] days after receiving written notice thereof from the PurchaserGWI, other than a "Supplier Material Default", or if such breach or failure is susceptible of cure but cannot be reasonably cured within thirty (30) days, [*] unless the Supplier in good faith promptly commences pursuing such cure and diligently and continually does so but in no event to exceed sixty (60) [*] days from the date of the Purchaser’s GWI's notice. Notwithstanding the foregoing, none of the foregoing occurrences shall constitute an Other Supplier Default to the extent such occurrence is a direct result of (ai) a breach by the Purchaser GWI of a representation, warranty or covenant hereunder, hereunder or under the Purchase Agreement or the Environmental Agreement; or (bii) any failure by the Purchaser GWI to comply with the Applicable Laws FD&C Act or Regulatory Acts or to perform any the provisions of its obligations under Section 10.1 of this Agreement, ; or (ciii) the Supplier’s 's compliance with [*] = CERTAIN INFORMATION ON THIS PAGE HAS BEEN OMITTED AND FILED SEPARATELY WITH THE COMMISSION. CONFIDENTIAL TREATMENT HAS BEEN REQUESTED WITH RESPECT TO THE OMITTED PORTIONS. 116 the Specifications or an order of a Regulator Governmental Body directed to the Supplier specifically regarding its compliance with cGMPsCGMPs, the Regulatory ActsFD&C Act, Environmental Laws or Applicable Laws, or (d) a Force Majeure EventLegal Requirements.

Appears in 1 contract

Samples: Supply Agreement (Catalytica Inc)

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