Common use of Supply of Product from Second Source Clause in Contracts

Supply of Product from Second Source. Acorda may purchase the following quantities of Product from the Second Source and, accordingly, if so purchased, Acorda shall have no obligation to purchase such quantities from Elan and Elan shall have no obligation to supply such quantities to Acorda: 7.2.1 In any Year, up to twenty five percent (25%) of Acorda’s total requirements of Product for such Year, subject to Clauses 7.3.2 and 9.5 (the “Second Source Quantity”); 7.2.2 quantities of the Product which Elan is not obligated to, and declines to, supply pursuant to Clause 2.3; 7.2.3 quantities of Product in addition to the Second Source Quantity required to make up any portion of a valid purchase order which is either (i) not delivered by Elan by its due date for delivery (regardless of the cause of late or short delivery), except for Minor Deficiencies, or (ii) by reason of Force Majeure, to the extent not capable of being delivered by its due date for delivery, for so long as the Force Majeure continues; 7.2.4 where there is a Serious Failure To Supply, its entire requirements of the Product, subject to Clause 7.6.

Supply of Product from Second Source. Acorda may purchase the following quantities of Product from the Second Source and, accordingly, if so purchased, Acorda shall have no obligation to purchase such quantities from Elan and Elan shall have no obligation to supply such quantities to Acorda: 7.2.1 7.2.1. In any Year, up to twenty five percent (25%) of Acorda’s total requirements of Product for such Year, subject to Clauses 7.3.2 and 9.5 (the “Second Source Quantity”); 7.2.2 7.2.2. quantities of the Product which Elan is not obligated to, and declines to, supply pursuant to Clause 2.3; 7.2.3 7.2.3. quantities of Product in addition to the Second Source Quantity required to make up any portion of a valid purchase order which is either (i) not delivered by Elan by its due date for delivery (regardless of the cause of late or short delivery), except for Minor Deficiencies, or (ii) by reason of Force Majeure, to the extent not capable of being delivered by its due date for delivery, for so long as the Force Majeure continues; 7.2.4 7.2.4. where there is a Serious Failure To Supply, its entire requirements of the Product, subject to Clause 7.6.

Supply of Product from Second Source. Acorda may purchase the following quantities of Product from the Second Source and, accordingly, if so purchased, Acorda shall have no obligation to purchase such quantities from Elan and Elan shall have no obligation to supply such quantities to Acorda: 7.2.1 In any Year, up to twenty five percent (25%) of Acorda’s total requirements of Product for such Year, subject to Clauses 7.3.2 and 9.5 (the ““ Second Source Quantity”Quantity “); 7.2.2 quantities of the Product which Elan is not obligated to, and declines to, supply pursuant to Clause 2.3; 7.2.3 quantities of Product in addition to the Second Source Quantity required to make up any portion of a valid purchase order which is either (i) not delivered by Elan by its due date for delivery (regardless of the cause of late or short delivery), except for Minor Deficiencies, or (ii) by reason of Force Majeure, to the extent not capable of being delivered by its due date for delivery, for so long as the Force Majeure continues; 7.2.4 where there is a Serious Failure To Supply, its entire requirements of the Product, subject to Clause 7.6.