Supply Resumption Sample Clauses

Supply Resumption. SMSI shall have sixty (60) days from the original delivery date of the Oxygen Sensors to CMS in which to resume supply of the Oxygen Sensors to CMS. At the time that SMSI notifies CMS that SMSI can resume supply and provides CMS with a firm date for delivery of the Oxygen Sensors in accordance with CMS's needs, then CMS will cease production of the Oxygen Sensors in a reasonable time and manner if CMS is self-manufacturing the Oxygen Sensors or will terminate the contract with the Third Party manufacturer under the terms and conditions of that contract; and will resume supply from SMSI as soon as possible, but in no event later than four (4) months after the firm date for resumed delivery.
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Supply Resumption. If Key exercises its rights to have a Third Party manufacturer manufacture the Product pursuant to Section 5.3 and thereafter during the Term Valera desires to resume supplying Key with the Product (whether by Valera or otherwise), then Valera shall notify Key of such desire. Key shall then resume purchasing Product exclusively from Valera for the remainder of the Term as soon as Valera demonstrates to Key's reasonable satisfaction that Valera (whether by Valera or otherwise) is capable of re-establishing a satisfactory supply of the Product; provided that Key shall not be required to cancel any purchase orders for the Product issued to the Third Party manufacturer that were issued in accordance with the Forecasts provided to Valera pursuant to Section 6.3 prior to the date that Valera gave Key notice of its desire to resume supply and cover periods no more than six (6) months after the date that Valera gave Key notice of its desire to resume supply. If and when Valera resumes supplying 1he Product pursuant to this Section 5.4, the Third Party manufacturer shall be required to return to Valera all information provided to the Third Party manufacturer pursuant to Section 5.3 and any license granted to the Third Party manufacturer shall terminate. Notwithstanding anything in, this Agreement to the contrary, upon the termination of this Agreement for any reason, the Third Party manufacturer shall be required to return to Valera all information provided to Third Party manufacturer pursuant to Section 5.3 and any license granted to the Third Party manufacturer shall terminate.
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Supply Resumption. Corixa will have [***] from the original delivery date of the Materials to Abboxx xx which to resume supply of the Materials to Abboxx; xxovided, however, such [***] limitation shall not apply to a failure by Corixa to supply that results from a force majeure event pursuant to Section 16.6. At the time that Corixa resumes supply of the Materials, Abboxx xxxl cease manufacture of the Materials or have the Third Party cease such manufacture in a reasonable time and manner, and shall purchase Materials exclusively from Corixa.
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Supply Resumption. Corixa will have [***]* from the original delivery date of any Materials in which Corixa fails to supply to Zambon, as set forth in Section 5.1, in which to resume supply of the Materials to Zambon; provided, however, such [***]* limitation shall not apply to a failure by Corixa to supply that results from a force majeure event as set forth in Section 12.7. At the time that Corixa resumes supply of the Materials, Zambon will cease manufacture of the Materials or have the Third Party cease such manufacture in a reasonable time and manner, and shall purchase Materials exclusively from Corixa upon the terms and subject to the conditions of this Agreement.
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Supply Resumption. If Hospira's manufacturing rights under Section 3.2(c) above become effective because of ICU's inability to supply Products and provided that Hospira has not elected to terminate this Agreement pursuant to Section 13.3, and ICU is thereafter, during the Term, able to demonstrate to Hospira's reasonable satisfaction that ICU is capable of re-establishing and maintaining a satisfactory supply of such Products, then Hospira shall transfer back to ICU all of the items, if any, previously transferred by ICU to Hospira pursuant to Section 3.2(c) and resume purchasing such Products from ICU for the remainder of the Term within 90 days after ICU satisfactorily demonstrates its ability to meet Hospira's forecasts and ICU reimburses Hospira for all incremental costs incurred by Hospira as a result of Hospira manufacturing Products or having a Third Party manufacture Products pursuant to Section 3.2(c) above. Notwithstanding the foregoing, Hospira shall still be permitted to fulfill any contractual purchase commitments entered into by Hospira with the Third Party manufacturer.
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Supply Resumption. When Alkermes remedies the cause of the Failure to Supply and is once again able to fulfil Zogenix's Confirmed Orders, Alkermes shall so notify Zogenix (the "Resumption Notice") and Zogenix shall cease, or procure that the Designated Manufacturer ceases, Manufacturing the *** Certain information on this page has been omitted and filed separately with the Commission. Confidential treatment has been requested with respect to the omitted portions. Commercial Product and shall resume purchasing the Commercial Product exclusively from Alkermes pursuant to the terms of this Agreement; provided that Zogenix shall be entitled to continue to obtain Commercial Product from the Designated Manufacturer pursuant to the Manufacturing License to the extent that [***].
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Supply Resumption. Corixa will have [***]* from the original delivery date of any Materials in which Corixa fails to supply to JT, as set forth in Section 5.1, in which to resume supply of the Materials to JT; provided, however, such [***]* limitation shall not apply to a failure by Corixa to supply that results from a force majeure event as set forth in Section 12.7. -------- * [***] indicates confidential treatment for omitted text has been requested.
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Supply Resumption. HMRI shall notify XXXXXXX as soon as possible of ----------------- the date upon which such shortage of production capacity will cease. Upon resumption of production of PRODUCT XXXXXXX shall resume obtaining its requirements for PRODUCT from HMRI to the extent such resumption is consistent with any contractual arrangements entered into with third parties pursuant to Section 2.7(b).
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Supply Resumption. Supplier shall notify King as soon as possible of the date upon which such shortage of production capacity will cease. Upon resumption of production of Products, King shall resume obtaining its requirements for PORTIONS OF THIS EXHIBIT WERE OMITTED AND HAVE BEEN FILED SEPARATELY WITH THE SECRETARY OF THE COMMISSION PURSUANT TO THE COMPANY'S APPLICATION REQUESTING CONFIDENTIAL TREATMENT UNDER RULE 24B-2 OF THE SECURITIES EXCHANGE ACT OF 1934. Products from Supplier to the extent such resumption is consistent with any contractual arrangements entered into with third parties pursuant to Section 2.6(c).
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Related to Supply Resumption

  • Protocol (cc) Part 2(b) of the ISDA Schedule – Payee Representation.

  • Joint Manufacturing Committee A joint manufacturing committee (the “Joint Manufacturing Committee” or “JMC”) will be established pursuant to the Supply Agreement. The roles and responsibilities of the JMC shall be as specified in the Supply Agreement.

  • Product Quality (a) Tesoro warrants that all Products delivered under this Agreement or any Purchaser Order shall meet the latest applicable pipeline specifications for that Product upon receipt at the applicable Terminal and contain no deleterious substances or concentrations of any contaminants that may make it or its components commercially unacceptable in general industry application. Tesoro shall not deliver to any of the Terminals any Products which: (a) would in any way be injurious to any of the Terminals; (b) would render any of the Terminals unfit for the proper storage of similar Products; (c) would contaminate or otherwise downgrade the quality of the Products stored in commingled storage; (d) may not be lawfully stored at the Terminals; or (e) otherwise do not meet applicable Product specifications for such Product that are customary in the location of the Terminal. If, however, there are Products that do not have such applicable specifications, the specifications shall be mutually agreed upon by the Parties. Should Tesoro's commingled Products not meet or exceed the minimum quality standards set forth in this Agreement or any applicable Purchase Order, Tesoro shall be liable for all loss, damage and cost incurred thereby, including damage to Products of third parties commingled with Tesoro's unfit Products.

  • Manufacturing Services Jabil will manufacture the Product in accordance with the Specifications and any applicable Build Schedules. Jabil will reply to each proposed Build Schedule that is submitted in accordance with the terms of this Agreement by notifying Company of its acceptance or rejection within three (3) business days of receipt of any proposed Build Schedule. In the event of Jabil’s rejection of a proposed Build Schedule, Jabil’s notice of rejection will specify the basis for such rejection. When requested by Company, and subject to appropriate fee and cost adjustments, Jabil will provide Additional Services for existing or future Product manufactured by Jabil. Company shall be solely responsible for the sufficiency and adequacy of the Specifications [***].

  • Reasonable Commercial Efforts Reasonable commercial efforts means that the obligated party is required to make a diligent, reasonable and good faith effort to accomplish the applicable objective. Such obligation, however, does not require an expenditure of funds or the incurrence of a liability on the part of the obligated party, nor does it require that the obligated party act in a manner that would be contrary to normal commercial practices in order to accomplish the objective. The fact that the objective is or is not actually accomplished is not, by itself, an indication that the obligated party did or did not in fact utilize its reasonable commercial efforts in attempting to accomplish the objective.

  • REGULATORY ADMINISTRATION SERVICES BNY Mellon shall provide the following regulatory administration services for each Fund and Series:  Assist the Fund in responding to SEC examination requests by providing requested documents in the possession of BNY Mellon that are on the SEC examination request list and by making employees responsible for providing services available to regulatory authorities having jurisdiction over the performance of such services as may be required or reasonably requested by such regulatory authorities;  Assist with and/or coordinate such other filings, notices and regulatory matters and other due diligence requests or requests for proposal on such terms and conditions as BNY Mellon and the applicable Fund on behalf of itself and its Series may mutually agree upon in writing from time to time; and

  • Delivery Point Once Manufacture of the Products has been completed, Contractor shall be responsible for delivering the Finished Goods FCA, (as defined in Incoterms (2000) published by the International Chamber of Commerce) and to a freight forwarder specified by Company in its Order, or otherwise approved by Company. “Delivery Point” as used in this Agreement shall mean the specific time and location that the Product is delivered to the shipper specified on the Order.

  • Good Faith and Commercially Reasonable Manner Performance of all obligations under this Annex, including, but not limited to, all calculations, valuations and determinations made by either party, will be made in good faith and in a commercially reasonable manner.

  • Product Testing Upon request, Customer shall provide Operator a laboratory report for each Product delivery by Customer or Customer’s supplier. Operator will not be obligated to receive Contaminated Product for throughput through the Pipelines, nor will Operator be obligated to accept Product that fails to meet the applicable quality specifications for the Berths under the BAUTA and any Terminal Service Orders issued thereunder.

  • Competing Products The provisions of Section 21 are set forth on attached Exhibit H and are incorporated in this Section 21 by this reference.

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