Sale and Purchase of Product. (a) BMS (either itself or through its Affiliates) shall supply to the Company, and the Company shall, subject to the terms and conditions of this Agreement, purchase from BMS, one hundred percent (100%) of the Company’s requirements (except for quantities necessary to keep the Company’s back-up supplier qualified) the Product for marketing, distribution, sale and use during the Term, pursuant to Firm Orders submitted by the Company to BMS from time to time in accordance with Section 2.03, at the Purchase Price, and subject to Section 5.02.
(b) All quantities of the Product shall be supplied hereunder by BMS in finished dosage form, filled, labeled, branded and packaged for commercial sale or distribution, or as samples, as the case may be, in accordance with the terms and conditions of this Agreement, the Specifications and applicable Laws. BMS shall solely and exclusively supply the Product to the Company, its Affiliates and their respective designees. BMS shall be responsible for the purchase of all raw materials for the manufacture of the Product in accordance with the Product Registrations as necessary to supply the finished Product to the Company under this Agreement. Company shall be responsible for all costs incurred by BMS relating to any Firm Orders placed by Company (including, any raw materials or working inventory purchase by BMS on behalf of Company in connection with Firm Orders).
(c) Subject to BMS Regulatory review and approval, and pursuant to applicable law, BMS and the Company shall take any and all actions necessary to change, as expeditiously as possible, the NDC numbers for the Product and to apply new NDC numbers to the Product. Subject to BMS Regulatory review and approval, and pursuant to applicable law, for no more than six (6) months following the Effective Date, the Product manufactured hereunder may continue to be labeled and packaged with the same labels and packaging that are used by BMS in connection with its previous manufacture of the Product for WFHC; provided, however, that the Parties shall use their commercially reasonable efforts to complete the revision of all Product labeling and packaging sooner. Subject to BMS Regulatory review and approval, and pursuant to applicable law, after such time, the Product shall be manufactured with labeling, branding, trade dress and packaging identifying BMS or any Affiliate thereof as the manufacturer of the Product and the Company (or the Company’s designee) as the distributor ther...
Sale and Purchase of Product. 2.1.1 During the Term of this Agreement, WC hereby grants to BMSLC a royalty-free, non-exclusive and non-transferrable right and license in the Territory under such rights and to use such assets that are owned or licensed by WC as are necessary to allow BMSLC to manufacture and supply the Products exclusively to WC under this Agreement. Notwithstanding the foregoing, BMSLC may transfer its right and license under this Section 2.1.1, at BMSLC's election, to an Affiliate or to the Initial Alternate Manufacturer in connection with the transfer of its manufacturing and supply obligations under this Agreement to such Affiliate or the Initial Alternate Manufacturer in accordance with Sections 2.7.3 and 12.3.1, respectively, provided that BMSLC may retain such right and license to the extent necessary to continue manufacturing the Products in accordance with this Agreement (including as contemplated by Section 12.3.2).
2.1.2 BMSLC shall use commercially reasonable efforts to sell to WC, and subject to Sections 6.4.3, 12.
Sale and Purchase of Product. Subject to the terms and conditions contained herein, Kentek shall sell to Buyer, and Buyer shall purchase from Kentek, Printers and Parts for use in or with Printers manufactured by Kentek, as hereinafter provided.
Sale and Purchase of Product. During each Contract Year throughout the term of this Agreement, SkyePharma agrees to manufacture, or to have manufactured, and sell to Endo, and Endo agrees to purchase from SkyePharma, Product for marketing, sale and distribution in the Territory, in accordance with the terms and subject to the conditions of this Agreement, including the Exhibits hereto.
Sale and Purchase of Product. 2.1.1 During the Term of this Agreement, WC hereby grants to WSP a royalty-free, non-exclusive and non-transferrable right and license in the Territory under such rights and to use such assets that are owned or licensed by WC as are necessary to allow WSP to manufacture and supply the Products exclusively to WC under this Agreement. Notwithstanding the foregoing, WSP may transfer its right and license under this Section 2.1.1, at WSP's election, to an Affiliate or to the Initial Alternate Manufacturer in connection with the transfer of its manufacturing and supply obligations under this Agreement to such Affiliate or the Initial Alternate Manufacturer in accordance with Sections 2.7.3 and 12.3.1, respectively, provided that WSP may retain such right and license to the extent necessary to continue manufacturing the Products in accordance with this Agreement (including as contemplated by Section 12.3.2).
2.1.2 WSP shall use commercially reasonable efforts to sell to WC, and subject to Sections 6.4.3, 12.
Sale and Purchase of Product. During each Contract Year throughout the Term, and subject to the provisions herein, POZEN agrees to sell to Nycomed and Nycomed agrees to purchase from POZEN, Nycomed’s and its Affiliates’ [***] for sale in the Territory. Notwithstanding the provision above, Nycomed will be entitled during the Term to[***] provided, however, that, except as expressly provided in this Agreement, Nycomed will have [***]. However, notwithstanding anything to the contrary in this provision, during the [***] immediately preceding the [***] Nycomed shall have the right to[***]. Nycomed understands and agrees that, [***] under this Agreement[***], either (a)[***] or (b) [***] under this Agreement [***].
Sale and Purchase of Product. During each Contract Year throughout the term of this Agreement, and subject to the provisions of Section 8.1 hereof as well as other provisions herein, Catalytica agrees to sell to Customer and Customer agrees to purchase from Catalytica, its total required quantities of Product in the Territory.
Sale and Purchase of Product. Subject to the terms and conditions of this Agreement, Manufacturer shall sell to Buyer, and Buyer shall purchase from Manufacturer, Product pursuant to Firm Orders as set forth in Section 2.7.
Sale and Purchase of Product. As of the Effective Date, the Parties have entered into the Product Supply Agreement attached hereto as Schedule D.
Sale and Purchase of Product. During the term hereof Supplier undertakes to supply, and Purchaser undertakes to purchase the Product for use to manufacture the Finished Product pursuant to purchase orders delivered by Purchaser to Supplier from time to time as provided herein. Nothing herein shall be deemed or construed as imposing any obligation of either party to deal exclusively with the other party or any obligation of Purchaser to purchase its requirements of the Product from Supplier.
