SUPPLY OF THE PRODUCT. 5.1. Save as otherwise provided in this Agreement, Elan shall use commercially reasonable efforts to produce and supply to Acorda its entire Elan Minimum Requirements of the Product as set forth in and in response to firm purchase orders, within ninety (90) days of the purchase order, or one hundred and fifty (150) days for Launch Stocks or samples (subject to any required extension due to the lead times of specific components of samples).
5.2. Elan shall have no obligation to supply Product:
5.2.1 For any period, in excess of Acorda’s properly forecast requirements for such period (but Elan will nevertheless use its commercially reasonable efforts to fulfil Acorda’s requirements in excess of such amounts, having regard to its manufacturing capacity);
5.2.2 for less than a minimum order of one Batch, or such other minimum quantity as may be agreed in the Technical Agreement;
5.2.3 in partial Batches;
5.2.4 where Clause 2.3 applies; or
5.2.5 pursuant to an order which does not conform in all material respects to the provisions of Clause 4 and this Clause 5; provided that if Elan does supply pursuant to such an order in its absolute discretion, that fulfilment shall not affect Elan’s right to refuse to fulfil any subsequent order which does not comply in all material respects with those provisions.
5.3. The Product supplied by Elan to Acorda shall:
5.3.1 be delivered in finished packaged form in the dosages and configurations as set forth in the Specifications and agreed by the parties and included in the NDA and any NDA Equivalent;
5.3.2 be shipped EXW Elan’s Facility;
5.3.3 be delivered with a certificate of analysis and certificate of release in respect of the Product, in a form reasonably acceptable to Acorda (and Acorda shall be entitled to rely upon such certificate of analysis without the necessity of performing additional testing), in accordance with the terms of the Technical Agreement, cGMPs and the NDA or any NDA Equivalent; and
5.3.4 have a shelf life to be determined in the Technical Agreement.
5.4. The terms of this Agreement are hereby incorporated by reference into each order of Product submitted by Acorda and accepted by Elan. In the event of any conflict between an order or other written instructions and this Agreement, the terms of this Agreement shall prevail.
5.5. Not less than eighteen (18) months before the anticipated First Approval, or such later date as may be determined by the Committee, the parties shall negotiate in good faith to...
SUPPLY OF THE PRODUCT. 16 3.1 General.................................................. 16 3.2 Inventory of AD 32....................................... 17 3.3
SUPPLY OF THE PRODUCT. During the term of this Agreement, Neoprobe shall manufacture and sell the Products and Improved Products exclusively to Ethicon in accordance with the Specifications, and shall not sell, supply or distribute any Products or Improved Products to any third party. Neoprobe shall supply Ethicon (and its Affiliates) with all of those quantities of Products as ordered by Ethicon (and its Affiliates) pursuant to this Agreement.
SUPPLY OF THE PRODUCT. Save as otherwise provided in this Agreement, ELAN shall produce and supply to LIGAND its entire requirements of the PRODUCT. ELAN shall be the sole and exclusive supplier of the PRODUCT to LIGAND in the TERRITORY and LIGAND will purchase the PRODUCT exclusively from ELAN in the TERRITORY.
SUPPLY OF THE PRODUCT. 14 3.1 Obligations.................................................... 14 3.2
SUPPLY OF THE PRODUCT. 3.1 Jakks shall from time to time during the Term place orders with Quantum for such Products as Jakks may require for sale in the Territory, and Quantum agrees to supply Jakks with sufficient Products to enable Jakks to promote the sale of the Products in the Territory.
3.2 Jakks agrees to send all orders for the Products to Quantum's office in Australia as above or such other address as may be subsequently notified by Quantum in writing, for acceptance or rejection by Quantum.
3.3 Upon receipt of orders, Quantum shall use all reasonable endeavors to meet the delivery date.
3.4 Jakks shall, in respect of each order for the Products to be supplied hereunder, be responsible for:
3.4.1 ensuring the accuracy of the order;
3.4.2 providing Quantum with any information which is necessary in order to enable Quantum to fulfill the order and comply with all labeling, marketing and other applicable legal requirements in the Territory;
3.4.3 obtaining any necessary import licenses or other requisite documents, and paying all applicable customs, duties and taxes in respect of the importation of the Products into the Territory.
SUPPLY OF THE PRODUCT. 4.1 The Seller hereby agrees to sell the Product to the Buyer and the Buyer hereby agrees to purchase the Product from Seller, subject to the terms and conditions of this Agreement.
4.2 The Product to be supplied hereunder shall be in such quantity and quality specifications as more specifically set out in the Schedule hereto.
4.3 It is the express and common understanding of the Parties that the Buyer is an independent Buyer, and nothing in this Agreement shall be construed to create or imply a joint venture, principal and agent relationship or employer and employee relationship, a partnership, or any relationship other than that of independent Buyer.
4.4 Neither Party shall have any right, power or authority to create any obligation, whether express or implied, on behalf of, or in any way bind the other or generally to act on behalf of the other Party or to represent that it has the authority to act on behalf of the other Party. Each Party accordingly bears sole liability for obligations assumed in its own name, or for any liability arising from its own conduct and obligations.
SUPPLY OF THE PRODUCT. Commercial Supply to Erasmus Hospital. In the event that the Product is commercialised in Europe, including in the Netherlands, MIP shall discuss in good faith with Xxxxxxxx and the Erasmus Hospital the supply procedure of the Product to the Hospital under which the Hospital shall be granted a reasonable quantity of the Product for its commercialisation requirements for a price which shall in no event be greater than the price agreed with other hospitals in Europe with similar size and stature.
SUPPLY OF THE PRODUCT. Each order placed by a consumer gives rise to a review request sent by Skeepers to the email address or telephone number that the Client has provided to Skeepers. Reviews are accessible in the Back Office and include a star rating ranging from 1 to 5, accompanied by a comment. The Client may retrieve the reviews filed in its Back Office at any time. At the end of the Agreement, the Client may ask to receive the Reviews for five (5) years after the consumer has submitted the review. Skeepers has entered into and reserves the right to enter into agreements with commercial partner companies, including Google and Bing, in order to display customer reviews online or to index their Rating & Reviews certificate, which the Client accepts. The Solution allows the Client’s evaluation to be automatically displayed next to the URL link of its website when the Client runs a Google AdWords campaign, if the reviews have generated an average minimum rating of 3.5 out of 5. The Client is expressly informed that only said partners decide and control the insertion of its evaluation. Under no circumstances may Skeepers be liable for the conditions and lead times relating to the posting of the Client’s evaluation by its partners. Skeepers remains responsible for ensuring that all reviews, comments and ratings collected by its Solution are forwarded to the partners. • Provision of Widgets Skeepers provides various Widget templates (drawings created by Skeepers showing the average rating obtained from brand reviews or product reviews) that may be placed on all pages of the Client’s website to highlight its overall rating and the last comment received from a consumer. The Widget displays the concerned Rating & Reviews brand. The Client is solely responsible for the choice, integration and display of the Widget. In particular, Skeepers waives all liability if the visual representation of the Widget on the Client’s website differs from that created and made available by Skeepers. The Client undertakes to follow Skeepers’ recommendations to display the dynamic Widget on its website so that the rating can be updated daily. For the Product Review Widget, Gifted Reviews may be published in addition to consumer Reviews. Where applicable, these will be marked with a distinctive acronym and will be published in their entirety, without prior sorting by Skeepers. The Client shall refrain from modifying the graphic charter and Widget template in any way whatsoever. Skeepers may provide the C...
SUPPLY OF THE PRODUCT. INALCO shall manufacture, package or have packaged, and supply the Product to CUMBERLAND for resale during the Term. Except as otherwise set forth in the transition plan pursuant to Section 2.5(A) for the first one-hundred-twenty (120) days of the Term, INALCO shall manufacture, label, store, and ship the Product with existing packaging from Mylan. At the end of one hundred twenty (120) days or sooner pursuant to the written agreement of both parties hereto, INALCO shall manufacture, label, store, and ship the Product with packaging designed by CUMBERLAND. INALCO shall deliver the Product to CUMBERLAND in finished packages that shall include the CUMBERLAND NDC number and logo.
