Plasma Rendered Unusable by Supplier. (a) If any Plasma is rendered unusable while it is in the care, custody and control of Supplier, it shall replace Fractionation Products that were to result from the fractionation of such Plasma with equivalent products manufactured by Supplier (“Replacement Fractionation Products”). These Replacement Fractionation Products are to be supplied to HQ at the same cost as HQ would have been required to pay for Fractionation Products had Supplier not rendered the Plasma unusable. The availability of Replacement Fractionation Products from Supplier for the purpose of this Section shall be determined at the sole discretion of Supplier acting reasonably. Supplier shall supply and deliver Replacement Fractionation Products on the date scheduled for the delivery of the Fractionation Products. (b) In the event that Supplier is unable to supply Replacement Fractionation Products as set out above HQ may begin the procedures set out in Subsections 3.9(b) and (d).
Appears in 2 contracts
Samples: Fractionation Services and Commercial Products Agreement (Talecris Biotherapeutics Holdings Corp.), Fractionation Services and Commercial Products Agreement (Talecris Biotherapeutics Holdings Corp.)
Plasma Rendered Unusable by Supplier. (a) If any Plasma is rendered unusable while it is in the care, custody and control of Supplier, it shall replace Fractionation Products that were to result from the fractionation of such Plasma with equivalent products manufactured by Supplier (“Replacement Fractionation Products”). These Replacement Fractionation Products are to be supplied to HQ CBS at the same cost as HQ CBS would have been required to pay for Fractionation Products had Supplier not rendered the Plasma unusable. The availability of Replacement Fractionation Products from Supplier for the purpose of this Section shall be determined at the sole discretion of Supplier acting reasonably. Supplier shall supply and deliver Replacement Fractionation Products on the date scheduled for the delivery of the Fractionation Products.
(b) In the event that Supplier is unable to supply Replacement Fractionation Products as set out above HQ CBS may begin the procedures set out in Subsections 3.9(b) and (dc).
Appears in 2 contracts
Samples: Contract Fractionation Services and Commercial Products Agreement (Talecris Biotherapeutics Holdings Corp.), Contract Fractionation Services and Commercial Products Agreement (Talecris Biotherapeutics Holdings Corp.)
