Supply Commitment. CIMAB shall, at no additional cost to TARCANTA or TARCANTA LTD., manufacture and supply all quantities of the Licensed Products required by TARCANTA and TARCANTA LTD. for:
(a) Phase 2 clinical trials for all countries within the Territory; and (b) Phase 3 clinical trials in the Other Countries. In order to ensure an adequate supply of Licensed Products to complete the necessary clinical testing and, following the receipt of Regulatory Approvals, for the uninterrupted supply of the Licensed Products to treat patients in the U.S. and throughout the Territory, CIMAB agrees to manufacture and supply, and TARCANTA and TARCANTA LTD. shall purchase from CIMAB, all quantities of the Licensed Products required by TARCANTA, TARCANTA LTD. and their Affiliates and Sublicensees for commercial sale in the Other Countries, at a cost equal to the Transfer Price (as such term is defined below).
Supply Commitment. CyDex agrees that CyDex shall produce (or have produced for it) and sell to Sage and its Affiliates and Sublicensees and their Contract Manufacturers 100% of Sage’s and its Affiliates’ and Sublicensees’ and their Contract Manufacturers’ requirements for Captisol for use in the formulation of Licensed Product in and for the Field, during the Term and subject to the provisions of this Agreement; provided that, and notwithstanding anything to the contrary in this Agreement, in no event shall CyDex be obligated to supply to Sage or its Affiliates or Sublicensees or their Contract Manufacturers more than an aggregate quantity of […***…] kilograms of Captisol per year pursuant to this Agreement.
Supply Commitment. Aviza will have the right to order Trikon Transport Modules along with Controllers incorporating the Developed Software (“Commercial Units”) from Trikon, and Trikon shall, provided Aviza’s quantity requirements are reasonable, supply such Commercial Units to Aviza in accordance with lead times reasonably required by Trikon but not to exceed: (a) twelve (12) weeks if Aviza’s order is for one (1) unit, and if at the time of receipt of the Aviza order for such unit, Trikon has no other orders from Aviza for a Commercial Unit currently in its manufacturing queue, and (b) sixteen (16) weeks for all other orders. Subject to the foregoing, Trikon shall endeavor to supply the Commercial Units to Aviza sooner than the not to exceed lead times set forth above in order to meet Aviza’s requested shipment date. Aviza’s purchase of such Commercial Units will be governed by both the applicable terms and conditions of this Agreement and the purchase terms and conditions attached hereto as Exhibit 4.1, which are incorporated herein by reference. In the event of a conflict between those standard terms and conditions and those contained in this Agreement, this Agreement will prevail. The terms of this Agreement and the terms and conditions attached hereto as Exhibit 4.1 shall prevail over any additional or inconsistent terms set forth in any purchase order, acknowledgement, or other document exchanged between the Parties in connection with the purchase and sale of the Commercial Units, and any such additional or inconsistent terms are hereby rejected. Trikon’s supply obligations under this Section 4.1 shall terminate once Trikon has supplied Aviza with eight (8) Commercial Units (the “Required Units”). Subject to the foregoing, Aviza shall place purchase orders for the Required Units within twenty-four (24) months after completion of the Development Plan for delivery no later than thirty (30) months after the Effective Date.
Supply Commitment. (a) Mascot agrees to supply the products set out in the Confirmation.
(b) Mascot warrants that the product when collected or delivered, as applicable, complies in all material respects with any specifications for the product contained in the relevant Confirmation, or if the product is a standard product, with Mascot’s standard specifications for the product.
(c) Due to the nature of the materials Mascot uses, to the maximum extent permitted by law, Mascot expressly excludes any warranty or representation as to the colour, texture or cosmetics of finished items except where such a matter is stated as a specific requirement in the Confirmation.
Supply Commitment. Subject to the terms hereof, PowderJect hereby agrees to supply AlgoRx's requirements of Gas Cylinders during the term of this Agreement. As of the Effective Date, PowderJect is obtaining its supply of Gas Cylinders exclusively from BOC, which is obligated to Manufacture and supply PowderJect's requirements of Gas Cylinders pursuant to the BOC Agreements. While the BOC Agreements are in effect, PowderJect will obtain AlgoRx's requirements of Gas Cylinders from BOC and supply them to AlgoRx. If the BOC Agreements terminate, PowderJect may subsequently enter into an agreement with a Third Party Manufacturer to supply PowderJect's and AlgoRx's requirements of Gas Cylinders pursuant to Section 2.13 (such agreement, a "THIRD PARTY MANUFACTURER AGREEMENT"). PowderJect shall comply in all material respects with the terms of the BOC Agreements or any Third Party Manufacturer Agreement, as applicable, and shall not terminate such agreements without AlgoRx's prior written consent. PowderJect expressly acknowledges and understands that the Gas Cylinders Manufactured by BOC and supplied by PowderJect to AlgoRx are critical to the business of AlgoRx and that AlgoRx has no alternate source of supply of Gas Cylinders. Accordingly, PowderJect shall diligently take all reasonable steps to exercise its rights under the BOC Agreements or any Third Party Manufacturer Agreement to ensure that PowderJect is able to comply with its obligations to AlgoRx and that AlgoRx is able to exercise its rights set forth in this Agreement. PowderJect covenants that it will not amend the BOC Agreements or any Third Party Manufacturer Agreement during the term of this Agreement in a manner that adversely affects the rights or obligations of AlgoRx hereunder without the prior written consent of AlgoRx. In addition, PowderJect shall provide prompt written notice to AlgoRx of the
Supply Commitment. TDK will use commercially reasonable efforts to supply Products to Imation and its Subsidiaries as set forth in Section 4 during the term of this Agreement. For the avoidance of doubt, TDK’s supply commitment under this Section 2.1, Section 4 and otherwise under this Agreement will not require building or acquiring manufacturing capacity or holding inventory.
Supply Commitment. Supplier shall manufacture a [CONFIDENTIAL TREATMENT REQUESTED] Goods to be able to meet Apple’s demand for Goods as indicated in the latest [CONFIDENTIAL TREATMENT REQUESTED] and in accordance with the required [CONFIDENTIAL TREATMENT REQUESTED] specified in an SOW. For example, if the latest [CONFIDENTIAL TREATMENT REQUESTED] indicates that 10,000 units of Goods may be required for a particular week, Supplier is responsible for manufacturing the number of Goods necessary for Supplier to be able to deliver at least 10,000 units of Goods to Authorized Purchasers during such week.
Supply Commitment. Subject to Article VIII, Force Majeure, Seller has, or shall have and shall maintain at all times throughout the term of this Agreement, sufficient Gas reserves and deliverability with respect to the delivery of Gas to the Delivery Point, so as to enable Seller to meet its obligations hereunder.
Supply Commitment. (a) Until such time *** *** *** *** *** Portions of this page have been omitted pursuant to a request for Confidential Treatment and filed separately with the Commission.
Supply Commitment. Subject to the terms and conditions of this Agreement, the Supplier shall manufacture and sell to Xxxxxxx and Xxxxxxx shall purchase from Supplier the products listed in Schedule 2.1 ("Product(s)"). Schedule 2.1 contains a list of the Products (“Product List”) and the price adjustment mechanism(s) for the Products (“Price Adjustment Mechanism(s)”), if any. The Product List may be amended from time to time by written agreement of the parties.