SUPPLY TO THIRD PARTIES Sample Clauses

SUPPLY TO THIRD PARTIES. (a) The licence only applies to the Client and product stated on the Licence to Use.
Sample 1Sample 2Sample 3See All (12)
AutoNDA by SimpleDocs
SUPPLY TO THIRD PARTIES. Purchaser acknowledges that, notwithstanding anything to the contrary in this Agreement, Supplier shall have the right to Manufacture and supply other products to third parties. Supplier shall plan its production capacities in accordance with the forecasts pursuant to Section 4.3 subject to the capacity of the Manufacturing Facility and the Packaging Facility. Supplier agrees to use commercially reasonable efforts to allocate sufficient Manufacturing resources in order to meet the forecasts provided pursuant to Section 4.3. If there shall be a shortage of Manufacturing resources which prevents Supplier from meeting both Purchaser’s forecast for any Product and its production requirements for any other customers, Supplier agrees to prioritize its resource allocation to meet its obligations to Purchaser in accordance with the same criteria Supplier applies to its other Tier 1 Customers. If Supplier anticipates that, despite the foregoing, there will be a shortage of supply to Purchaser, then Supplier shall promptly inform Purchaser of such shortage and a provide a timeframe within which Supplier estimates such shortage will be resolved by Supplier. During any month in which there is a shortage of supply for Product(s) (including shortages resulting from Force Majeure Events), Purchaser’s obligations to meet the Minimum Order Quantity requirements hereunder for such Product(s) shall be reduced proportionately to the percentage of the applicable Product(s) for which there is a shortage of supply, such reduction not to exceed twenty-five percent (25%) of such requirements for the duration of the shortage of supply of the applicable Product(s), provided that with respect to bulk Products, the Bulk Minimum Production Quantity shall only be reduced if and to the extent that the equipment at a Manufacturing Facility is capable of Manufacturing and supplying such a reduced quantity of bulk Products.
Sample 1Sample 2
SUPPLY TO THIRD PARTIES. ACHAOGEN acknowledges that, notwithstanding anything to the contrary in this Agreement, HOVIONE shall have the right to (a) supply the Product and/or products containing the Product to ACHAOGEN or any licensee of ACHAOGEN for sale or use in products for sale in the Territory; and (b) (i) if ACHAOGEN (and its Affiliates) cease to have exclusive rights to sell the Product in the Territory, supply the Product and/or products containing the Product to ACHAOGEN or any licensee of ACHAOGEN for sale or use in products for sale in the Territory; and (ii) consent to ACHAOGEN’s or any licensee of ACHAOGEN’s reference to the DMF for the Product supplied by HOVIONE in the Territory. ACHAOGEN agrees that, solely in connection therewith, HOVIONE may use and disclose under an obligation of confidentiality (such obligation being at least as restrictive as the confidentiality provisions of this Agreement) any ACHAOGEN Confidential Information obtained prior to or during the Process Validation conducted in accordance with Letters of Authorization that is necessary or helpful to Manufacture the Product for such third parties.
Sample 1
SUPPLY TO THIRD PARTIES. Neoprobe grants Ethicon the exclusive right to supply Products to all other distributors of Products or at Ethicon’s request on a case by case basis, assign to Ethicon the underlying Third Party Agreement with such distributor if such distributor consents to such assignment. As used in this Section 3.3 the term “supply” shall mean, filling purchase orders (either to Neoprobe or directly to Ethicon), and shipping, invoicing, and collecting for such orders according to the applicable terms of the Third Party Agreements. Neoprobe agrees to forward any purchase orders for Products it receives to Ethicon promptly (but in any event within five (5) business days of receipt of the purchase order). Ethicon shall pay Neoprobe for Products shipped to such distributors in accordance with Section 5.2 herein. Ethicon’s sales of Products to such distributors (except to Century Medical, Inc. in Japan) shall be included in the calculation of any average selling price and minimum purchase requirements (“MPRs”) of a Product covered by this Agreement.
Sample 1
SUPPLY TO THIRD PARTIES. Customer acknowledges that, notwithstanding anything to the contrary in this Agreement, Hovione shall have the right to (a) [***]; and (b) (i) [***]; and (ii) [***]. Customer agrees that, solely in connection therewith, Hovione may use and disclose under an obligation of confidentiality (such obligation being at least as restrictive as the confidentiality provisions of this Agreement) any [***].
Sample 1
SUPPLY TO THIRD PARTIES. Neoprobe grants Ethicon ***. As used in this Section 3.3 the term "supply" shall mean, filling purchase orders (either to Neoprobe or directly to Ethicon), and shipping, invoicing, and collecting for such orders according to the applicable terms of ***. Neoprobe agrees to forward any purchase orders for Products it receives to Ethicon promptly (but in any event within five (5) business days of receipt of the purchase order). Ethicon shall pay Neoprobe for Products shipped to such distributors in accordance with Section 5.2 herein. Ethicon's sales of Products *** Product covered by this Agreement.
Sample 1
SUPPLY TO THIRD PARTIES. COMPANY acknowledges that, notwithstanding anything to the contrary in this Agreement, HOVIONE shall have the right to (i) supply API to any Licensee or other third party, in each case, to the extent designated in writing by COMPANY, for use in products for sale outside the Territory and (ii) consent to COMPANY’s or any Licensee’s reference to the DMF for API supplied by HOVIONE outside the Territory.
Sample 1
AutoNDA by SimpleDocs
SUPPLY TO THIRD PARTIES. Connetics shall have no obligation to sell Product to Third Parties on any terms. Nevertheless, Connetics agrees that, at Soltec's request, Connetics will enter into good faith negotiations to supply clinical or commercial supplies of Product to a licensee of Soltec outside of the Territory and/or outside of the Field.
Sample 1
SUPPLY TO THIRD PARTIES. If (i) prior to the expiration of the Election Period Watsxx xxxls to deliver the Watsxx Xxxction Notice, or (ii) Watsxx xxxises Halsxx xx writing that it does not desire to enter into either an Active Ingredient Supply Agreement or a finished Goods Supply Agreement for the Active Ingredient or the Finished Good specified in the applicable Halsxx Xxxice, or (iii) Halsxx xxx Watsxx xxxnot agree to the negotiable terms of an Active Ingredient Supply Agreement or a Finished Goods Supply Agreement for the Active Ingredient, or Finished Good, by the end of the Negotiation Period, then Halsxx xxx enter into an active ingredient supply agreement or a finished goods supply agreement with a third party, provided that solely in the case of subsection (iii) of this Section 2.3, the terms of the supply arrangement are no less favorable to Halsxx, xx any material respect (individually or in the aggregate), than those last proposed by Watsxx xx Halsxx xxxsuant to Section 2.2 above.
Sample 1

Related to SUPPLY TO THIRD PARTIES

  • No Third Parties Nothing in this Agreement is intended to, nor shall it confer any rights on a third party.

  • Use of Third Parties Except as may be expressly agreed to in writing by the State Entity, Contractor shall not subcontract, assign, delegate or otherwise permit anyone other than Contractor or Contractor's personnel to perform any of Contractor's obligations under this Contract or any of the work subsequently assigned under this Contract. No subcontract which Contractor enters into with respect to performance of obligations or work assigned under the Contract shall in any way relieve Contractor of any responsibility, obligation or liability under this Contract and for the acts and omissions of all subcontractors, agents, and employees. All restrictions, obligations and responsibilities of the Contractor under the Contract shall also apply to the subcontractors. Any contract with a subcontractor must also preserve the rights of the State Entity. The State Entity shall have the right to request the removal of a subcontractor from the Contract for good cause.

  • Sales to Third Parties Material purchased from the Joint Property by third parties shall be credited by Operator to the Joint Account at the net amount collected by Operator from the buyer. If the sales price is less than that determined in accordance with the procedure set forth in Section 5.2, then approval by the Operating Committee shall be required prior to the sale. Any claims by the buyer for defective materials or otherwise shall be charged back to the Joint Account if and when paid by Operator.

  • Liability to Third Parties The Member shall not be liable for the debts, obligations or liabilities of the Company, including under a judgment, decree or order of a court.

  • Delegation to Third Parties Except where prohibited by applicable law or regulation, the Sub-Adviser may delegate or may employ a third party to perform any accounting, administrative, reporting and ancillary services required to enable the Sub-Adviser to perform its functions under this Agreement. Notwithstanding any other provision of the Agreement, the Sub-Adviser may provide information about the Adviser and any Fund to any such third party for the purposes of this paragraph, provided that the third party is subject to a confidentiality agreement that specifically prevents the misuse of any such information, including portfolio holdings. The Sub-Adviser will act in good faith and with due diligence in the selection, use and monitoring of third parties and shall be solely responsible for any loss, mistake, gross negligence or misconduct caused by such third party.

  • Sale to Third Party If the Company, after receiving the Sale Notice, fails to exercise its option as provided in Section 3.2, or if it declines to exercise the same, the Participant shall be entitled to transfer the Vested Shares to the third party on the terms contained in the Offer, and shall be entitled to have his Vested Shares transferred on the books of the Company, but only if the third party purchaser agrees to be bound by the terms of this Agreement applicable to Vested Shares. If the Participant fails to close the transfer of his Vested Shares within sixty (60) days after the option of the Company has expired or been waived, the restrictions contained in this Article III shall again apply and must be met prior to effecting any transfer of Vested Shares. Any transfer of Vested Shares by the Participant to any unaffiliated third party shall comply with all applicable securities laws, and the Company may refuse to transfer any Vested Shares unless it receives such assurance and opinions from legal counsel acceptable to the Company that any such transfer is in compliance with all applicable securities laws.

  • No Rights in Third Parties This Agreement does not create any rights in, or inure to the benefit of, any third party except as expressly provided herein.

  • Infringement by Third Parties Genetronics and Ethicon shall promptly notify the other in writing of any alleged or threatened infringement of any patent included in the Genetronics Patent Rights or the Joint Patent Rights of which they become aware. Both parties shall cooperate with each other to terminate such infringement without litigation. Genetronics shall have the right to bring and control any action or proceeding with respect to infringement of any patent included in the Genetronics Patent Rights, at its own expense and by counsel of its own choice, and Ethicon shall have the right to be represented in any such action, at its own expense and by counsel of its own choice. In the event any patent included in the Joint Patent Rights is infringed by a Third Party, the party responsible for prosecution and maintenance of the applicable Joint Patent Rights under Section 10.2(b) shall have the right to bring and control any action or proceeding with respect to such patent, and the other party shall have the right to be represented in any such action by counsel of its own choice, and the parties shall share equally in the expenses thereof. With respect to infringement of any patent included in the Genetronics Patent Rights, if Genetronics fails to bring an action or proceeding within (a) 90 days following the notice of alleged infringement or (b) 10 days before the time limit, if any, set forth in the appropriate laws and regulations for the filing of such actions, whichever comes first, Ethicon shall have the right to bring and control any such action, at its own expense and by counsel of its own choice, and Genetronics shall have the right to be represented in any such action, at its own expense and by counsel of its own choice. In the event a party brings an infringement action, the other party shall cooperate fully, including if required to bring such action, the furnishing of a power of attorney. Neither party shall have the right to settle any patent infringement litigation under this Section 10.5 in a manner that diminishes the rights or interests of the other party without the consent of such other party. In the event Genetronics brings such action, any recovery realized as a result of such litigation, after reimbursement of any litigation expenses of Genetronics and Ethicon, shall belong to Genetronics.

  • Disclosure to Third Parties (a) Notwithstanding the foregoing provisions of Section 7.1, the Parties may disclose Confidential Information belonging to the other Party:

  • No Obligation to Third Parties The execution and delivery of this Agreement shall not be deemed to confer any rights upon, nor obligate either of the parties hereto to, any person or entity not a party to this Agreement.

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!