Purchase of Coating Services. Subject to the terms of Section 3.8 below. Xtent shall retain the services of Occam or its designee on a contract basis to apply Occam's Drug/Polymer Composite Formulation or, if applicable, Biolimus A9 or Occam's Polymer Coating, to Xtent Stents (the "Coating Services"), and Xtent shall only use Occam or its designee to perform the Coating Services for Coated Stents. In the event of any shortage of capacity or material relating to Occam's Drug/Polymer Composite Formulation (or, if applicable, Biolimus A9 or Occam's Polymer Coating), Occam shall allocate such resources to fill Xtent's orders in the same proportion as Xtent's orders relate to orders from all customers of Occam. Such allocation does not limit or reduce each Party's obligations and rights under Section 3.8, which apply regardless of such allocation.
Purchase of Coating Services. Devax shall retain the services of Occam or its designee on a contract basis to apply Occam’s Drug/Polymer Composite Formulation to Devax’s stents (the “Coating Services”). So long as this Agreement remains in force and effect, and subject to Section 3.8 below, Devax shall only use Occam or its designee to perform the Coating Services on Devax’s Stents. Any third party that Occam intends to use to perform the Coating Services, other than Occam’s Affiliates, shall be subject to Devax’s approval, which will not be unreasonably withheld. In the event of any shortage of capacity or material relating to Occam’s Drug/Polymer Composite Formulation, Occam shall allocate such resources to fill Devax’s orders in the same proportion as Devax’s orders relate to orders from all customers of Occam.
