Performance on Termination; Survival Sample Clauses

Performance on Termination; Survival. Termination or expiration of this Supply Agreement shall not affect the rights or obligations of the Parties under this Supply Agreement that have accrued prior to the date of termination or expiration. Upon termination of this Supply Agreement for any reason: (a) Products Manufactured pursuant to Purchase Orders will be delivered on the scheduled delivery dates and Licensee shall pay Exelixis not later than [ * ] after the delivery date (provided, however, that Licensee makes advance payment prior to shipment in the event of termination due to payment default by Licensee); and (b) all costs of unused raw materials, labels, and packaging incurred by Exelixis shall be paid by Licensee in the event that Exelixis terminates this Supply Agreement pursuant to Section 10.2(a) or that this Supply Agreement is terminated pursuant to Section 10.2(b) as a result of termination of the Collaboration and License Agreement by Licensee pursuant to Sections 15.3(a) or (b) of the Collaboration and License Agreement. Notwithstanding anything to the contrary, the following provisions shall survive any expiration or termination of this Supply Agreement: Sections 5, 6, 8, 9, 10.3 and 11.
Performance on Termination; Survival. Termination or expiration of this Supply Agreement shall not affect rights or obligations of the Parties under this Supply Agreement that have accrued prior to the date of termination or expiration. Upon termination of this Supply Agreement for any reason: (a) Products manufactured pursuant to purchase orders shall be delivered on the scheduled delivery dates and, if accepted by GSK, GSK shall pay Impax not later than sixty (60) days after the invoice date (provided, that GSK makes advance payment prior to shipment in the event of termination due to payment default by GSK); and (b) XXXXXX in the event that Impax terminates this Supply Agreement pursuant to Section 12.2(a) or that this Supply Agreement is terminated pursuant to Section 12.2(b) as a result of termination of the License Agreement by GSK pursuant to Section 12.2 of the License Agreement or by Impax pursuant to Section 12.3 of the License Agreement or 12.5 of the License Agreement, provided that Impax shall use Commercially Reasonable Efforts to mitigate such costs by trying to use such Materials in the Manufacture of the Product for its own use or in the manufacture of other products. Notwithstanding anything to the contrary, the following provisions shall survive any expiration or termination of this Supply Agreement: Sections 2.2(b) (last sentence only), 4.2(c) (solely with respect to implementation costs incurred prior to the effective date of termination), 4.2(e) (solely with respect to implementation costs incurred prior to the effective date of termination), 4.7 (solely with respect to on-going obligations of stability studies), 5.2 (solely with respect to GSK FTEs dedicated prior to the effective date of termination), 5.5 5.6, 6.2 — 6.11 (solely with respect to Product ordered before the effective date of termination), 8.1, 8.2, 8.3, 10.2 (solely with respect to Product ordered before the effective date of termination), 10.4, 12.4 and 13.1 and Articles 3 (solely with respect to Product ordered before the effective date of termination or, with respect to Section 3.3, the costs and expenses described therein to the extent incurred by Impax before the effective date of termination), 7, 11, and 14.