Common use of Supply of the Compounds Clause in Contracts

Supply of the Compounds. Subject to the terms and conditions of this Agreement, each of FLX and Merck will use commercially reasonable efforts to supply, or cause to be supplied, the quantities of its respective Compound as are set forth in Appendix B, on the timelines set forth in Appendix B, in each case for use in the Study. If the Protocol is changed in accordance with Article 4 in such a manner that may affect the quantities of Compound to be provided or the timing for providing such quantities, the Parties shall amend Appendix B to reflect any changes required to be consistent with the Protocol. Each Party shall also provide to the other Party a contact person for the supply of its Compound under this Agreement. Notwithstanding the foregoing, or anything to the contrary herein, in the event that a Party is: (a) not supplying its Compound in accordance with the terms of this Agreement, then the other Party shall have no obligation to supply its Compound; or (b) allocating under Section 8.10, then the other Party may allocate proportionally.

Supply of the Compounds. Subject to the terms and conditions of this Agreement, each of FLX Collaborator and Merck MSD will use commercially commercially-reasonable efforts to supply, or cause to be supplied, its Compound in the quantities of its respective Compound as are set forth in Appendix B, and on the timelines set forth in Appendix Exhibit B, in each case for use in the MSD Compound Study. If a change to the Protocol is changed in accordance with Article 4 in such a manner that may affect (PROTOCOL AND INFORMED CONSENTS; CERTAIN COVENANTS) requires an increase of the quantities quantity of MSD Compound to be provided or the timing for providing such quantitiesof more than [***], the Parties shall amend Appendix Exhibit B to reflect any changes required to be consistent with the Protocolsuch changes. Each Party shall also provide to the other Party a contact person for the supply of its Compound under this Agreement. Notwithstanding the foregoing, or anything to the contrary herein, in the event that if a Party is: (ai) not supplying its Compound in accordance with the terms of this Agreement, then the other Party shall have no obligation to supply its Compound; or (bii) allocating under Section 8.108.10 (Shortage; Allocation), then the other Party may allocate proportionally.

Supply of the Compounds. Subject to the terms and conditions of this Agreement, each of FLX Company and Merck will use commercially reasonable efforts to supply, or cause to be supplied, the quantities of its respective Compound as are set forth in Appendix B, on the timelines set forth in Appendix B, in each case for use in the Study. If the Protocol is changed in accordance with Article 4 in such a manner that may affect the quantities of Compound to be provided or the timing for providing such quantities, the Parties shall amend Appendix B to reflect any changes required to be consistent with the Protocol. Each Party shall also provide to the other Party a contact person for the supply of its Compound under this Agreement. Notwithstanding the foregoing, or anything to the contrary herein, in the event that a Party is: (a) not supplying its Compound in accordance with the terms of this Agreement, then the other Party shall have no obligation to supply its Compound; or (b) allocating under Section 8.10, 8.10 then the other Party may allocate proportionally. Confidential Treatment Requested. Omitted Portions are Marked with [*****] and have been Filed Separately with the Securities and Exchange Commission.

Supply of the Compounds. Subject to the terms and conditions of this Agreement, each of FLX Collaborator and Merck MSD will use commercially reasonable efforts to supply, or cause to be supplied, its Compound in the quantities of its respective Compound as are set forth in Appendix B, and on the timelines set forth in Appendix Exhibit B, in each case for use in the MSD Compound Study. If a change to the Protocol is changed in accordance with Article 4 in such a manner that may affect (PROTOCOL AND INFORMED CONSENTS; CERTAIN COVENANTS) requires an increase of the quantities quantity of MSD Compound to be provided or the timing for providing such quantitiesof more than [***], the Parties shall amend Appendix Exhibit B to reflect any changes required to be consistent with the Protocolsuch changes. Each Party shall also provide to the other Party a contact person for the supply of its Compound under this Agreement. Notwithstanding the foregoing, or anything to the contrary herein, in the event that if a Party is: (ai) not supplying its Compound in accordance with the terms of this Agreement, then the other Party shall have no obligation to supply its Compound; or (bii) allocating under Section 8.108.10 (Shortage; Allocation), then the other Party may allocate proportionally.

Supply of the Compounds. Subject to the terms and conditions of this Agreement, each of FLX Collaborator and Merck MSD will use commercially commercially-reasonable efforts to supply, or cause to be supplied, its Compound in the quantities of its respective Compound as are set forth in Appendix B, and on the timelines set forth in Appendix Exhibit B, in each case for use in the MSD Compound Study. If a change to the Protocol is changed in accordance with Article 4 in such a manner that may affect (PROTOCOL AND INFORMED CONSENTS; CERTAIN COVENANTS) requires an increase of the quantities quantity of MSD Compound to be provided of more than [***] or affects the timing for providing such quantities, the Parties shall amend Appendix Exhibit B to reflect any changes required to be consistent with the Protocolsuch changes. Each Party shall also provide to the other Party a contact person for the supply of its Compound under this Agreement. Notwithstanding the foregoing, or anything to the contrary herein, in the event that if a Party is: (ai) not supplying its Compound in accordance with the terms of this Agreement, then the other Party shall have no obligation to supply its Compound; or (bii) allocating under Section 8.108.10 (Shortage; Allocation), then the other Party may allocate proportionally.

Supply of the Compounds. Subject to the terms and conditions of this Agreement, each of FLX Collaborator and Merck MSD will use commercially commercially-reasonable efforts to supply, or cause to be supplied, its Compound in the quantities of its respective Compound as are set forth in Appendix B, and on the timelines set forth in Appendix Exhibit B, in each case for use in the MSD Compound Study. If a change to the Protocol is changed in accordance with Article 4 in such a manner that may affect (PROTOCOL AND INFORMED CONSENTS; CERTAIN COVENANTS) requires an increase of the quantities quantity of MSD Compound to be provided or the timing for providing such quantitiesof more than twenty percent (20%), the Parties shall amend Appendix Exhibit B to reflect any changes required to be consistent with the Protocolsuch changes. Each Party shall also provide to the other Party a contact person for the supply of its Compound under this Agreement. Notwithstanding the foregoing, or anything to the contrary herein, in the event that if a Party is: (ai) not supplying its Compound in accordance with the terms of this Agreement, then the other Party shall have no obligation to supply its Compound; or (bii) allocating under Section 8.108.10 (Shortage; Allocation), then the other Party may allocate proportionally.