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 Adaptimmune and Merck will use commercially reasonable efforts to supply, or cause to be supplied, the quantities of in the case of Adaptimmune, precursor vector for its Compound and in the case of Merck, Merck Compound as are set forth in Appendix B, on the timelines set forth in Appendix B, in each case for use in the Study, in accordance with the Protocol and the patient treatment requirement thereunder. In the event the Parties determine that the quantities of either Compound or precursor vector for such Compound set forth on Appendix B are not sufficient to complete the Study, the Parties shall agree in good faith on additional quantities of Compound or precursor vector to be provided to complete the Study and the revised Appendix B on which such additional quantities will be provided. If the Protocol is changed in accordance with Section 4 in such a manner that may affect the quantities of Compound or precursor vector 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 either Party is not supplying its Compound in accordance with the terms of this Agreement, or is allocating under Section 8.9, then the other Party shall have no obligation to supply its Compound, or may allocate proportionally.

Supply of the Compounds. Subject to the terms and conditions of this Agreement, each of Adaptimmune Antigen Express and Merck will use commercially reasonable efforts to supply, or cause to be supplied, the quantities of in the case of Adaptimmune, precursor vector for its Compound and in the case of Merck, Merck 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; provided, however, in the event the Study will be conducted under a Combination IND in accordance with Section 3.1, no Merck Compound shall be supplied until after the Protocol and SUSAR Waiver has been obtained. If the patient treatment requirement thereunder. In the event the Parties determine that the quantities of either Compound or precursor vector for such Compound set forth on initial supply timelines in Appendix B are not sufficient to complete the Study, the Parties shall agree in good faith on additional quantities of Compound or precursor vector need to be provided altered as a result of a delay in obtaining the SUSAR Waiver or the need to complete re-submit the Study and to FDA under a supplement to the revised Appendix B on which existing IND of the Antigen Express Compound, such additional quantities will timelines may be providedaltered without amending the Agreement, by mutual consent of the Parities in writing via email. If the Protocol is changed in accordance with Section 4 in such a manner that may affect the quantities of Compound or precursor vector 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 either Party is not supplying its Compound in accordance with the terms of this Agreement, or is allocating under Section 8.98.10, then the other Party shall have no obligation to supply its Compound, or may allocate proportionally.

Supply of the Compounds. Subject to the terms and conditions of this Agreement, ImmunoGen and Xxxxxxxx will each of Adaptimmune and Merck will use commercially reasonable efforts [***] to supply, or cause to be supplied, the such quantities of in the case of Adaptimmune, precursor vector for its Compound and in the case of Merck, Merck Compound as are set forth in Appendix B, on the timelines set forth in Appendix B, in each case for use in the Study, in accordance with [***] = CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, MARKED BY BRACKETS, HAS BEEN OMITTED BECAUSE THE INFORMATION (I) IS NOT MATERIAL AND (II) WOULD BE COMPETITIVELY HARMFUL IF PUBLICLY DISCLOSED. the Protocol and the patient treatment requirement thereunder. In the event delivery schedule to be mutually agreed by the Parties determine following the Effective Date to begin enrollment of subjects into the Study as soon as practicable following the FDA’s approval of ImmunoGen’s biologic license application for the ImmunoGen Compound; provided that the quantities and applicable timelines for Delivery of either (i) the Xxxxxxxx Compound or precursor vector for such supplied hereunder shall be subject to Xxxxxxxx’x approval, in its sole discretion and (ii) the ImmunoGen Compound set forth on Appendix B are not sufficient supplied hereunder shall be subject to complete the StudyImmunoGen’s approval, the Parties shall agree in good faith on additional quantities of Compound or precursor vector to be provided to complete the Study and the revised Appendix B on which such additional quantities will be provided. If the Protocol is changed in accordance with Section 4 in such a manner that may affect the quantities of Compound or precursor vector 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 Protocolits sole discretion. Each Party shall also provide to the other Party a contact person for the supply of its Compound under this Agreement. Notwithstanding Each Party shall notify the foregoing, or anything to the contrary herein, other Party as promptly as possible in the event of any Manufacturing delay that either Party is not supplying likely to adversely affect supply of its Compound in accordance with the terms of as contemplated by this Agreement, or is allocating under Section 8.9, then the other Party shall have no obligation to supply its Compound, or may allocate proportionally.