Secondary Supplier Sample Clauses

Secondary Supplier. In the event that LI-COR fails to supply Aura with IRDye 700DX meeting the Forecast for a period of six (6) consecutive months, and LI-COR is unable to meet the Forecast after such six (6) consecutive month period (“Supply Failure”), Aura may secure a secondary supplier to supply Aura’s Forecasted requirements of IRDye 700DX from such secondary supplier for such period that LI-COR is unable to meet Aura’s Forecasted requirements. LI-COR shall use best efforts to assist Aura in providing Know-How to such secondary supplier necessary to manufacture the IR Dye 700DX. In the event of a Supply Failure, and subject to the terms set forth in this Agreement, LI-COR shall grant to a secondary supplier a non-exclusive royalty-bearing license under the Licensed Patent and Know-How to make and have made IRDye 700DX on behalf of Aura for the Licensed Product for the Licensed Field in the Territory. Such license shall be limited to the period of such Supply Failure and shall extend after such Supply Failure, provided, that after such Supply Failure such secondary supplier may supply up to twenty percent (20%) of Aura’s requirements of IR Dye 700DX.
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Secondary Supplier. At any time while this Agreement is in effect, the Purchaser may select and qualify a secondary supplier (at the Purchaser’s sole expense) to manufacture and supply API to the Purchaser.
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Secondary Supplier. MDCO shall have the right, at any time during the Term, to require that Eagle, itself or through an Affiliate or a Third Party Manufacturer, establish an alternative approved site to Manufacture the Finished Product (“Secondary Supplier”), and qualify such Secondary Supplier with the FDA under the applicable Product ANDA or NDA. All external costs incurred by Eagle in establishing such Secondary Supplier that are allocable to the Manufacture of the Product for the Territory shall, subject to MDCO’s prior written approval, be borne by MDCO; provided, that, in the event MDCO pays Eagle for any such costs (i) Eagle shall use Commercially Reasonable efforts to exercise its rights to obtain reimbursement or recover such costs from its Third Party Manufacturer or other Third Party and to enforce such rights, and (ii) Eagle shall apply any such recovered or reimbursed amounts to reimburse MDCO for all amounts previously paid by MDCO with respect to the establishment of such Secondary Supplier, such reimbursement of MDCO to occur within [*] after Eagle’s receipt of such recovered or reimbursed amounts from the Third Party Manufacturer or other Third Party. The foregoing provisions of this Section 8.3.2 notwithstanding, if the profit-sharing provisions of Section 2.5 of the License Agreement apply and a Supply Interruption occurs or has occurred, then Eagle and MDCO shall share such costs of establishing the Secondary Supplier equally, to the extent such costs are allocable to the Manufacture of the Product for the Territory, it being understood that if MDCO had earlier paid such costs of establishing such Secondary Supplier (in whole or in part), then Eagle shall reimburse MDCO for [*] of such amounts earlier paid by MDCO within [*] after the later of the first Supply Interruption and the date the profit-sharing provisions of Section 2.5 of the License Agreement first apply. For purposes of clarity, if and to the extent MDCO incurs costs pursuant to this Section 8,3.2, and Eagle later recovers or obtains reimbursement of such costs (in whole or in part) from a Third Party Manufacturer or other Third Party, then Eagle shall reimburse MDCO for the amounts previously paid by MDCO to Eagle within [*] after Eagle’s receipt of such recovered or reimbursed amounts. If a Supply Interruption occurs at any time during the Term, MDCO shall have the right itself, or shall have the right to require Eagle, to use Commercially Reasonable Efforts to purchase all or a portion of i...
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Secondary Supplier. The Secondary Supplier will be used should the Primary Supplier fail to deliver on the Contract. DRC Afghanistan mission and other partners defined in introduction part will then place Purchase Orders every time that requires the items. The Framework Agreements may result in one or multiple Purchase Orders during the 12 months duration of the Framework Agreement. Note: DRC reserves the right to split awards. Item & Lot Number PIN ACTED ACF SI DRC DACAAR NRC 1 – Hygiene Kits 650 650 410 98 1000 4400 1000 2 – Kitchen Kits 650 650 410 98 1000 0 1000 3 – Winter Kits 300 300 200 39 650 0 450 4 – Shelter Kits 250 250 0 38 375 0 200 DRC Bid Description The Danish Refugee Council (DRC) invites bids from competent Logistical/ Supply companies for the supplying of Emergency Kits (NFI’s) for its ongoing programmes in Kabul, Jalalabad, Balkh, Kandahar, Gardez, Kunar and Kunduz provinces. The number of required kits and items is as follows. Lot Required Kits Quantities 1 Hygiene Kits 8208 2 Kitchen Kits 3808 3 Winter Kits 1939
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Secondary Supplier. The Secondary Supplier will be used should the Primary Supplier fail to deliver on the Contract. DRC Afghanistan mission and other partners defined in introduction part will then place Purchase Orders every time that requires the items. The Framework Agreements may result in one or multiple Purchase Orders during the 12 months duration of the Framework Agreement. Note: DRC reserves the right to split awards. Item PIN SI DRC ACTED NRC 1 -Emergency Shelters (Tents) 250 38 375 250 200 DRC Bid Description The Danish Refugee Council (DRC) invites bids from competent Logistical/ Supply companies for the supplying of Emergency Shelters (Tents) for its ongoing programmes in Kabul, Jalalabad, Balkh, Kandahar, Gardez, Kunar and Kunduz provinces. The number of required kits and items is as follows. Item Required Kits Quantities 1 Emergency Shelters (Tents) 1113 The required items specification and details are included in the bidding documents. DRC Bid Instructions Therefore the DRC requests that you submit these bidding documents with price bid (including cost of delivery to DRC Warehouse Kabul (DDP Incoterm 2010)) in sealed (2) samples for the supply of the Emergency Shelters (Tents).listed on the attached DRC Bid Form titled ‘I-ITB No KBL International-ITB 002/ OR 220/ 516-618/ June – 2016 only during office hours from 08:00am till 04:00pm - Sunday through Thursday. The bidding documents (2 copies required - 1 clearly marked ‘Original’ and 1 marked ‘Duplicate’) should be submitted in a sealed envelope and be addressed to: The ERM6 Joint Procurement Committee Danish Refugee Council, Country Office – House # 00, Xxxxxx # 0, Xxxx-x-Xxxxxx, PD3, Kabul, Afghanistan DRC Radio Room Contact #. : 0000000000 The ITB details are as follows: • Invitation To Bid No.: KBL International-ITB 002/ OR 220/ 516-618/ June – 2016, Framework Agreements for supply of Emergency Shelters (Tents). • Type of Contract: Framework Agreements • Commodity: Emergency Shelters (Tents). • ITB Period: 14 Days . • ITB Closure Date and Time: Thursday; July 7th, 2016 at 1600 hours local Kabul time. • Opening Session: Sunday; July 10th , 2016, at 10.00 AM local time in DRC Kabul country office (Bidders are invited to attend but must request attendance in writing in advance for security purposes) • Required Minimum validity period: 60 Working days • For the international bidders: of any country, their bid(s) must be submitted in hard copy and should be sent via Courier or any other services to the above m...
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Secondary Supplier. Idenix and NPC shall work together to identify and appoint a Secondary Supplier.
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Secondary Supplier. Idenix US and Novartis shall work collaboratively and in good faith to determine plans to ensure continuity of supply of LdT Finished Product, which may include, if reasonably requested by Idenix US, and subject to the recommendation of the Joint Manufacturing Agreement and the approval by the Joint Steering Committee, the appointment of a Third Party secondary supplier (the "Secondary Supplier") to Manufacture and Finish the LdT Finished Product. In case of appointment of a Secondary Supplier, Novartis shall cooperate fully with Idenix US and the Secondary Supplier, and shall use commercially reasonable efforts to enable Secondary Supplier to qualify and validate the Secondary Supplier's facilities and to Manufacture and Finish the LdT Finished Product to ensure that such Secondary Supplier would be available as soon as practicable after appointment to Manufacture and/or Finish the LdT Finished Product in the event that Novartis is, at any time during the term of this Agreement, unable to supply the LdT Finished Product in sufficient quantities to meet firm orders. Novartis shall provide to Secondary Supplier all Technical Information and the Parties agree to grant to the Secondary Supplier such rights and licenses to Manufacturing Technology, Idenix Intellectual Property, Novartis Intellectual Property and Joint Intellectual Property to the extent necessary for Secondary Supplier to Manufacture and Finish the LdT Finished Product. Novartis agrees to the extent commercially reasonable to cooperate with the Secondary Supplier, to permit, in accordance with a mutually agreed timetable, the Secondary Supplier the opportunity to observe Novartis' Manufacturing and Finishing operations as applicable to LdT Finished Product and to make available to Secondary Supplier in accordance with a mutually agreed timetable, such of Novartis' employees who may demonstrate and explain to Secondary Supplier any of the Technical Information and the Manufacturing and Finishing processes relating to the LdT Finished Product. Costs incurred by Novartis, Idenix and/or the Secondary Supplier in connection with the appointment, qualification/validation of the Secondary Supplier and the transfer of all relevant information and know-how shall be shared between the parties based on a allocation to be recommended by the Joint Manufacturing Committee and approved by the Joint Steering Committee.
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Secondary Supplier. Supplier is the provider of Products and Services that are not for resale by Gomibo B.V. under these terms and conditions of purchase;
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Related to Secondary Supplier

  • Product Supply The Parties shall reasonably cooperate and assist each other in transferring ownership of Product drug product and/or Product drug substance (such material, CERTAIN CONFIDENTIAL PORTIONS OF THIS EXHIBIT WERE OMITTED AND REPLACED WITH “[***]”. A COMPLETE VERSION OF THIS EXHIBIT HAS BEEN FILED SEPARATELY WITH THE SECRETARY OF THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO AN APPLICATION REQUESTING CONFIDENTIAL TREATMENT PURSUANT TO RULE 406 PROMULGATED UNDER THE SECURITIES ACT OF 1933, AS AMENDED. collectively, the “Product Lots”) set forth in Exhibit A attached hereto as promptly as reasonably practicable following the Effective Date; provided, however, that neither Party shall be required to pay money to any Third Party, commence any litigation with, or offer or grant any accommodation (financial or otherwise) to any Third Party. Such Product Lots shall be delivered EXW (Ex Works) (Incoterms 2010) AMGEN, Thousand Oaks, California. Any expense for shipment shall be borne by AKERO (including any import or export duties or taxes). Subject to the terms of this Section 5.4 and Section 6.2 (Additional AMGEN Warranties), AMGEN transfers the Product Lots to AKERO “as is”, and makes no other representation to AKERO in connection therewith. The Parties have entered into a Quality Agreement substantially in the form attached hereto as Exhibit F, dated as of the date hereof, governing the quality of the Product Lots to be supplied pursuant to this Section 5.4. For the avoidance of doubt, Product Lots consisting of drug product as set forth in Exhibit A supplied pursuant to this Section 5.4 shall be labeled for their intended clinical use as set forth in Exhibit A and the labeling of any Product drug product manufactured after the Effective Date shall be the responsibility of AKERO. Except for the Licensed Materials and such Product Lots to be transferred to AKERO, AKERO shall be responsible for, and shall bear the cost of, obtaining (whether by manufacturing or causing to be manufactured) research, clinical and commercial supplies of the Product. From and after the Effective Date, AKERO shall be responsible for all costs and expenses in connection with the storage of, and any stability studies performed on, the Product Lots.

  • Manufacturing and Supply Genentech shall be responsible for manufacturing and supplying Licensed Products for clinical use and commercial sale in the Genentech Field.

  • API If the Software offers integration capabilities via an API, your use of the API may be subject to additional costs or Sage specific policies and terms and conditions (which shall prevail in relation to your use of the API). You may not access or use the API in any way that could cause damage to us or the Software, or in contravention of any applicable laws. We reserve the right in our sole discretion, to: (i) update any API from time to time; (ii) place limitations around your use of any API; and (iii) deny you access to any API in the event of misuse by you or to otherwise protect our legitimate interests.

  • Manufacturing Services Jabil will manufacture the Product in accordance with the Specifications and any applicable Build Schedules. Jabil will reply to each proposed Build Schedule that is submitted in accordance with the terms of this Agreement by notifying Company of its acceptance or rejection within three (3) business days of receipt of any proposed Build Schedule. In the event of Jabil’s rejection of a proposed Build Schedule, Jabil’s notice of rejection will specify the basis for such rejection. When requested by Company, and subject to appropriate fee and cost adjustments, Jabil will provide Additional Services for existing or future Product manufactured by Jabil. Company shall be solely responsible for the sufficiency and adequacy of the Specifications [***].

  • Clinical Supply Takeda will provide to Licensee[***] the amount of TAK-385 Licensed Compound or TAK-385 Licensed Products needed by Licensee to complete all Clinical Trials contemplated by the TAK-385 Development Plan (estimated by Licensee as of the Effective Date to be [***]), solely to the extent that Takeda can supply such TAK-385 [***] = Portions of this exhibit have been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment requested under 17 C.F.R. Sections 200.80(b)(4) and 230.406. Licensed Compound or TAK-385 Licensed Products (a) from its supply of TAK-385 Licensed Compound or TAK-385 Licensed Products in existence as of the Effective Date and which supply can be used for its intended purposes without further re-processing (the “Initial Clinical Supply”) and (b) after retaining the amount needed by Takeda for Clinical Trials in the Takeda Territory. Takeda will also provide to Licensee, at [***] any additional supplies of TAK-385 Licensed Compound or TAK-385 Licensed Products in excess of the Initial Clinical Supply needed by Licensee to complete all Clinical Trials contemplated by the TAK-385 Development Plan. Within [***] days after the Effective Date, the Parties will enter into a manufacturing and supply agreement (the “Takeda Clinical Manufacturing and Supply Agreement”), which will govern the terms and conditions of the Manufacturing and supply of the TAK-385 Licensed Compound and TAK-385 Licensed Products (including the Initial Clinical Supply) by Takeda to Licensee for Development purposes, including the exact quantities and the timelines for delivery. The Parties will negotiate the terms and conditions of such Takeda Clinical Manufacturing and Supply Agreement in good faith for a period of [***] days (as may be extended upon agreement of the Parties). As part of the negotiation related to the Takeda Clinical Manufacturing and Supply Agreement, the Parties shall discuss in good faith the ability of Takeda to supply to Licensee [***]. If the Parties have not entered into a definitive agreement within such negotiation period, then the final terms and conditions of such agreement will be resolved in accordance with Section 8.2 (Arbitration for Failure to Agree).

  • Product Quality 4.1 The following provisions shall apply to Product after Production:

  • Product ACCEPTANCE Unless otherwise provided by mutual agreement of the Authorized User and the Contractor, Authorized User(s) shall have thirty (30) days from the date of delivery to accept hardware products and sixty (60) days from the date of delivery to accept all other Product. Where the Contractor is responsible for installation, acceptance shall be from completion of installation. Failure to provide notice of acceptance or rejection or a deficiency statement to the Contractor by the end of the period provided for under this clause constitutes acceptance by the Authorized User(s) as of the expiration of that period. The License Term shall be extended by the time periods allowed for trial use, testing and acceptance unless the Commissioner or Authorized User agrees to accept the Product at completion of trial use. Unless otherwise provided by mutual agreement of the Authorized User and the Contractor, Authorized User shall have the option to run testing on the Product prior to acceptance, such tests and data sets to be specified by User. Where using its own data or tests, Authorized User must have the tests or representative set of data available upon delivery. This demonstration will take the form of a documented installation test, capable of observation by the Authorized User, and shall be made part of the Contractor’s standard documentation. The test data shall remain accessible to the Authorized User after completion of the test. In the event that the documented installation test cannot be completed successfully within the specified acceptance period, and the Contractor or Product is responsible for the delay, Authorized User shall have the option to cancel the order in whole or in part, or to extend the testing period for an additional thirty (30) day increment. Authorized User shall notify Contractor of acceptance upon successful completion of the documented installation test. Such cancellation shall not give rise to any cause of action against the Authorized User for damages, loss of profits, expenses, or other remuneration of any kind. If the Authorized User elects to provide a deficiency statement specifying how the Product fails to meet the specifications within the testing period, Contractor shall have thirty (30) days to correct the deficiency, and the Authorized User shall have an additional sixty (60) days to evaluate the Product as provided herein. If the Product does not meet the specifications at the end of the extended testing period, Authorized User, upon prior written notice to Contractor, may then reject the Product and return all defective Product to Contractor, and Contractor shall refund any monies paid by the Authorized User to Contractor therefor. Costs and liabilities associated with a failure of the Product to perform in accordance with the functionality tests or product specifications during the acceptance period shall be borne fully by Contractor to the extent that said costs or liabilities shall not have been caused by negligent or willful acts or omissions of the Authorized User’s agents or employees. Said costs shall be limited to the amounts set forth in the Limitation of Liability Clause for any liability for costs incurred at the direction or recommendation of Contractor.

  • Product Support a. In the event that any goods delivered under this contract become defective or malfunction for any reason and at any time (even after the applicable warranty period has expired), including while “in-orbit” if integrated into a satellite, Seller shall promptly perform a failure verification or analysis and determine the appropriate corrective action at no additional cost to Buyer. Seller shall take the appropriate measures to correct all defects, determined to be Seller's responsibility, in all applicable documentation, undelivered goods, and delivered un-launched goods, as required by Buyer.

  • Manufacture of Products All Products marketed through Grantor's Web ------------------------- Site shall be manufactured, packaged, prepared, and shipped in accordance with the specifications and requirements described on Exhibit A hereto as it may be modified from time to time. Quality control standards relating to the Product's weight, color, consistency, micro-biological content, labeling and packaging are also set forth on Exhibit A. In the event that Exhibit A is incomplete, Products shall be manufactured and shipped in accordance with industry standards.

  • Product Recall (a) If a recall is required by applicable Law, or if Buyer or Supplier reasonably determines that a recall is advisable because the goods may create a potential safety hazard, are not in compliance with any applicable code, standard or legal requirement, or contain a defect or non-conformance with the requirements of this Order occurring or likely to occur in multiple goods, which such defects or non-conformances are substantially similar or have substantially similar causes or effects (collectively a “Serial Defect”), the parties shall promptly communicate such facts to each other. At Buyer’s request, Supplier shall promptly develop a corrective action plan satisfactory to Buyer, which shall include all actions required to recall and/or repair the goods and any actions required by applicable Law (“Corrective Action Plan”) for Buyer’s review and approval. At Buyer’s election, Xxxxx may develop the Corrective Action Plan. In no event shall Buyer and Supplier’s failure to agree on the Corrective Action Plan delay the timely notification of a potential safety hazard, non-compliance or Serial Defect to users of the goods, cause either party to be non-compliant with applicable Law or prevent Buyer from taking reasonable actions to prevent injury or damage to persons, equipment or other property. Supplier and Buyer shall cooperate with and assist each other in any corrective actions and/or filings, if applicable.

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