Examples of Adequate supply in a sentence
All sourcing and purchasing decisions in respect to the Products to be delivered to the Transferred Xxxxx pursuant to this Agreement shall be made by IP; provided, however, such decisions shall be made: (x) in a manner consistent with historical practices when IP procured Products while the Transferred Xxxxx were owned or operated by IP; (y) in order to minimize the overall spend at the applicable Area Xxxxx; and (z) ensure Adequate Supply to the Transferred Xxxxx.
If E-Z-EM does not initiate such distribution or marketing in any such country within such period and there was Adequate Supply during all of such period, Pharmacyclics shall have the right to invoke Section 10.2, provided, however, that if E-Z-EM fails to cure such breach, Pharmacyclics' sole and exclusive remedy shall be to remove such country from the Territory.
However, if a problem arises with regard to Adequate Supply, then E-Z-EM may, with notice to Pharmacyclics which may join in the process, take whatever steps are necessary, including directly contacting suppliers or vendors, to obtain Licensed Product.
E-Z-EM's obligation under this Subsection 3.1 is subject to the availability of Adequate Supply.
However, if a problem arises with regard to Adequate Supply, then E-Z-EM may, with notice to Pharmacyclics, who may join in the process, take whatever steps are necessary, including directly contacting suppliers or vendors, to obtain MRI Product Units.