SUPPLY TO THIRD PARTIES. (a) The licence only applies to the Client and product stated on the Licence to Use.
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.
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.
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.
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.
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 [***].
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.
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.
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.
