Common use of Right to Manufacture Clause in Contracts

Right to Manufacture. WCH shall have the right to manufacture Products pursuant to the license set forth in Section 2.1.2 at any time after (i) the fifth anniversary of the Launch of a Product in the United States by WCH upon six (6) months’ prior written notice to IMPAX or (ii) IMPAX notifies WCH pursuant to the last sentence of Section 5.3.2 that a change required by the FDA or other Regulatory Authority creates an unreasonable burden on IMPAX or results in the continuing compliance by IMPAX with this Agreement uneconomical, so long as WCH is not in breach of this Agreement as of the date such notice is delivered. In such event, IMPAX shall furnish to WCH or its designee, on a non-exclusive basis, all Technical Information relating to the Manufacture of Products, including all manufacturing know-how, that is reasonably necessary to enable WCH to make and have made Products and provide all technical assistance, at WCH’s cost, reasonably requested by WCH.

Right to Manufacture. WCH shall have the right to manufacture Products pursuant to the license set forth in Section 2.1.2 at any time after (i) the fifth anniversary of the Launch of a Product in the United States by WCH upon six (6) months’ ' prior written notice to IMPAX or (ii) IMPAX notifies WCH pursuant to the last sentence of Section 5.3.2 that a change required by the FDA or other Regulatory Authority creates an unreasonable burden on IMPAX or results in the continuing compliance by IMPAX with this Agreement uneconomical, so long as WCH is not in breach of this Agreement as of the date such notice is delivered. In such event, IMPAX shall furnish to WCH or its designee, on a non-exclusive basis, all Technical Information relating to the Manufacture of Products, including all manufacturing know-how, that is reasonably necessary to enable WCH to make and have made Products and provide all technical assistance, at WCH’s 's cost, reasonably requested by WCH.