Right to Supply Clause Samples
POPULAR SAMPLE Copied 1 times
Right to Supply. Upon the conclusion of a particular Project Plan, the Parties shall discuss the Commercialization prospects for the resulting Sumitomo Development Item(s) and, in turn, the supply of related Zymergen Development Items. Such discussion shall include agreements by the Parties concerning target pricing for the Sumitomo Development ltem(s) (or end products incorporating the Sumitomo Development Item(s)) and assessments of the respective costs of production at commercial scale for the Sumitomo Development Item(s) or end products and the Zymergen Development Item(s). The Parties hereby agree that Zymergen shall have the exclusive right to supply the Zymergen Development Item(s) to Sumitomo in view of the agreements and assessments mentioned in the preceding sentence. If, at any time, Sumitomo desires to obtain supply of a Zymergen Development Item, Sumitomo shall notify Zymergen in writing (the “Offer Notice”) of the material financial and other terms and conditions in which Sumitomo desires to enter into agreement with Zymergen for the supply of the applicable Zymergen Development Item (the “Material Terms”). Each Offer Notice constitutes an offer made by Sumitomo to enter into an agreement with Zymergen on the Material Terms (the “Supply Offer”). At any time prior to the expiration of the thirty (30) day period following Zymergen’s receipt of the Offer Notice (the “Exercise Period'”), Zymergen may accept the Supply Offer by delivery to Sumitomo of a binding letter of intent containing the Material Terms and any standard and customary conditions applicable to a transaction of this nature, executed by Zymergen. If, by the expiration of the Exercise Period, Zymergen has not accepted the Supply Offer, and provided that Sumitomo has complied with all of the provisions of this Section 7.2, Sumitomo may (a) at any time during the [***] ([***]) day period following the [***], enter into [***] to toll [***] Zymergen Development ltem(s) for the [***] on Material Terms that are the same [***] as the Material Terms or (b) within the time period tor first supply, as defined in the Offer Notice, [***] for the supply of the applicable Zymergen Development ltem(s) with costs (calculated using [***] on any [***]) that are the same [***] as the Material Terms (a “[***]”). Regardless, if Sumitomo does not consummate [***] period or build [***] in the time period set forth in the Offer Notice, as applicable, the terms and conditions of [***] will again apply and Sumitomo [***] wi...
Right to Supply. During the term of any [ * ], ImmunoGen [ * ] to [ * ] Millennium with its requirements of [ * ] for the purpose of [ * ] in accordance with [ * ] of this Agreement. The terms of [ * ] of this Agreement shall govern [ * ] of such [ * ]. Alternatively, during the term of any [ * ], Millennium shall have the right, and ImmunoGen hereby grants to Millennium a non-exclusive, worldwide, royalty-free license under the Licensed Technology, to [ * ] of [ * ] for the purpose of conducting Preclinical Research in accordance with [ * ] of this Agreement. For purposes of clarity, the [ * ] set forth in this [ * ] shall include [ * ] to [ * ] in accordance with [ * ] hereof for the purpose of [ * ] in accordance with this [ * ]. The license grant set forth in this [ * ] shall include [ * ] to [ * ] to [ * ] and [ * ] who [ * ] on [ * ] of Millennium.
Right to Supply. During the [ * ], ImmunoGen shall [ * ] to [ * ] Millennium with [ * ] of [ * ] for the purpose of conducting [ * ] in accordance with Section 2.3 this Agreement. The terms of [ * ] of this Agreement shall govern [ * ] of such [ * ]. Alternatively, during the [ * ], Millennium shall have the right, and ImmunoGen hereby grants to Millennium a non-exclusive, worldwide, royalty-free license under the Licensed Technology, to [ * ] of [ * ] for the purpose of conducting Preclinical Research in accordance with Section 2.3 of this Agreement. For purposes of clarity, the [ * ] set forth in this [ * ] shall include [ * ] to [ * ] in accordance with [ * ] hereof for the purpose of [ * ] in accordance with this [ * ]. The license grant set forth in [ Portions of this Exhibit were omitted and have been filed separately with the Secretary of the Commission pursuant to the Company's application requesting confidential treatment under Rule 24b-2 of the Securities Exchange Act. * ] shall include [ * ] to [ * ] to [ * ] and [ * ] who [ * ] on [ * ] of Millennium.
Right to Supply. Any and all licenses granted hereunder are subject to the right of Serpin under the Licensed Technology to Exploit the System in the Field in the Territory solely as necessary or reasonably useful to make and supply, or to have made and supplied, for a separately agreed price as provided in Section 4.3, SP163M to Dogwood, ▇▇▇▇▇▇▇’s Affiliates, and/or Dogwood’s Sublicensees, subject to the terms and conditions of one or more separate supply agreements between the parties.
Right to Supply. For Purposes of this provision, "Third Party Purchases" shall refer to purchases by SBI of lithium-powered scale products from any supplier other than MSI; and "
Right to Supply. During any fiscal year of the Company, whilst this Agreement is in force and commencing 90 days from the date hereof, FCF shall have the option to supply up to, and if FCF exercises its option the Company shall purchase from FCF a monetary amount equal to not less than, fifty percent (50%) of the amount of the Company's expenditures for the Manufactured Products calculated in the manner set out in the remainder of this Section 2 and on an aggregate annual basis, not on an item-by-item basis.
Right to Supply