Common use of USE OF SECOND SOURCE FOR BULK PRODUCT Clause in Contracts

USE OF SECOND SOURCE FOR BULK PRODUCT. In addition to Warner's right to use the Second Source pursuant to Section 11.1.2, if GenVec is unable to supply all of the reasonably anticipated requirements (as forecasted pursuant to Section 11.5.1) of Bulk Products to be manufactured by GenVec pursuant to Section 11.1 for any reason, including force majeure causes (as defined under Section 21.6), it shall immediately notify Warner and the Executive Committee shall discuss the manufacturing issues within ten (10) days of a request by either Party. If, following such discussions the Parties mutually agree, the Parties shall utilize the Second Source to manufacture such portion of the Bulk Products which GenVec is not able to supply. If such Second Source is not yet established, the Parties may agree on a mutually acceptable Third Party manufacturer to replace or supplement GenVec as a manufacturer of Bulk Products. All Bulk Products manufactured by the Second Source shall be manufactured in accordance with the specifications approved by the Executive Committee. If a Second Source manufactures any Bulk Products pursuant to this Section 11.4, Warner and GenVec shall cooperate and assist each other to obtain, transfer or use any licenses, registrations or information reasonably required to permit such Second Source to manufacture such Bulk Product.

USE OF SECOND SOURCE FOR BULK PRODUCT. In addition to Warner's ------------------------------------- right to use the Second Source pursuant to Section 11.1.2, if GenVec is unable to supply all of the reasonably anticipated requirements (as forecasted pursuant to Section 11.5.1) of Bulk Products to be manufactured by GenVec pursuant to Section 11.1 for any reason, including force majeure causes (as defined under Section 21.6), it shall immediately notify Warner and the Executive Committee shall discuss the manufacturing issues within ten (10) days of a request by either Party. If, following such discussions the Parties mutually agree, the Parties shall utilize the Second Source to manufacture such portion of the Bulk Products which GenVec is not able to supply. If such Second Source is not yet established, the Parties may agree on a mutually acceptable Third Party manufacturer to replace or supplement GenVec as a manufacturer of Bulk Products. All Bulk Products manufactured by the Second Source shall be manufactured in accordance with the specifications approved by the Executive Committee. If a Second Source manufactures any Bulk Products pursuant to this Section 11.4, Warner and GenVec shall cooperate and assist each other to obtain, transfer or use any licenses, registrations or information reasonably required to permit such Second Source to manufacture such Bulk Product.

USE OF SECOND SOURCE FOR BULK PRODUCT. In addition to Warner's right ------------------------------------- to use the Second Source pursuant to Section 11.1.2, if GenVec is unable to supply all of the reasonably anticipated requirements (as forecasted pursuant to Section 11.5.1) of Bulk Products to be manufactured by GenVec pursuant to Section 11.1 for any reason, including force majeure causes (as defined under Section 21.6), it shall immediately notify Warner and the Executive Committee shall discuss the manufacturing issues within ten (10) days of a request by either Party. If, following such discussions the Parties mutually agree, the Parties shall utilize the Second Source to manufacture such portion of the Bulk Products which GenVec is not able to supply. If such Second Source is not yet established, the Parties may agree on a mutually acceptable Third Party manufacturer to replace or supplement GenVec as a manufacturer of Bulk Products. All Bulk Products manufactured by the Second Source shall be manufactured in accordance with the specifications approved by the Executive Committee. If a Second Source manufactures any Bulk Products pursuant to this Section 11.4, Warner and GenVec shall cooperate and assist each other to obtain, transfer or use any licenses, registrations or information reasonably required to permit such Second Source to manufacture such Bulk Product.