SHORTAGE OF TOSITUMOMAB Sample Clauses

SHORTAGE OF TOSITUMOMAB. Subject to the terms and conditions of Section 3.1(e), in the event of shortages of Tositumomab, the following rules shall apply: (1) If Corixa seeks to place a Vested Order for Tositumomab and is advised by a Vendor that such Vendor will not accept the full amount of such order, whether such order is for purposes of supply in the Territory or elsewhere in the world, then Corixa shall consult with Amersham regarding the allocation of available supply. Unless the Parties otherwise agree, all future Vested Orders shall be allocated [*]% to the Territory and [*]% for use outside of the Territory so long as such conditions of supply shortage prevail, with each lot being allocated in such pro rata manner. In the event that, over the course of the 12 month period following such Vendor's refusal to accept the full amount of such order, such Vendor also refuses to accept the full amount of each and every subsequent order which Corixa attempts to place as a Vested Order, the Parties shall meet to discuss a plan for remedying such shortage of Tositumomab. (2) If a Vendor is unable to deliver the full amount of a Vested Order, either because the amount delivered is less than the amount ordered or because * Confidential Treatment Requested some or all of the delivery is not accepted for any reason, including, without limitation, non-compliance with Specifications, then the available Tositumomab in each calendar year in which a shortage of supply prevails shall be allocated as between the Territory and the rest of the world pro rata on the basis of the aggregate Vested Orders for delivery in that calendar year that had been placed for use in the Territory and in the rest of the world. If the shortfall or failure occurs in a batch which is part of a manufacturing campaign, then the acceptable material manufactured as part of that campaign, and all future deliveries in that calendar year, shall be allocated between the Territory and the rest of the world so as to make the aggregate allocation of material on a year-to-date basis equal, as nearly as practicable, to such pro rata allocation. (Such allocation on a campaign basis could require that material already received as part of the same campaign for use in one territory be redesignated for use in a different territory, if such redesignation is necessary in order to achieve the specified pro rata allocation. However, material received as part of previous campaigns shall not be redesignated except by mutual consent.) As ...

Related to SHORTAGE OF TOSITUMOMAB

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