SOLVAY Reserved Right Sample Clauses

SOLVAY Reserved Right. SOLVAY reserves the right, at its discretion and at its sole cost and expense but in consultation with JDS, to commence and diligently pursue all activities necessary to secure an alternative manufacturer for the Product, prior to the termination period in Section 4.2(b), should SOLVAY (i) elect to cease manufacturing operations in its Baudette, Minnesota Main Street facility, (ii) have business requirements that necessitate the cessation of the manufacture of Product, or (iii) if JDS has not been diligent in the pursuit of an alternative facility as required in Section 4.2(d). If an alternative manufacturer identified by SOLVAY under this Section 4.2(e) charges more for the Product than SOLVAY would have charged under the terms of this Agreement, then SOLVAY shall, during the minimum period of time it would have been obligated to supply Product hereunder, bear the cost of such excess, except in the case of Section 4.2(e)(iii), in which case JDS shall bear any such excess. To be utilized as a source of supply hereunder, any such alternative manufacturer shall be duly qualified under all applicable Manufacturing Standards and Regulatory Standards. Subject to JDS’s obligations pursuant to Section 4.2(d), the use of an alternate supplier by SOLVAY pursuant to this Section shall not limit, modify or amend the obligations, representations or warranties of the parties hereto.
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Related to SOLVAY Reserved Right

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