Examples of BLS Supply Agreement in a sentence
In the event that as a result of this Agreement, any amounts are required to be paid by Depomed to BLS pursuant to Section 8.3 of the BLS Supply Agreement, the parties shall discuss in good faith an equitable allocation of such amounts.
Effective as of the First Sales Booking Date and thereafter until such time (if ever) as the BLS Supply Agreement is assigned to Santarus, Santarus will be designated as Depomed’s “Distributor” (as defined in the BLS Supply Agreement) under the BLS Supply Agreement to perform Depomed’s distribution and “Marketing” (as defined in the BLS Manufacturing Transfer Agreement) activities with respect to the 1000mg Product.
In the event of any failure by BLS to timely deliver and supply the 1000mg Product under the BLS Supply Agreement in accordance with the terms thereof, Depomed shall promptly pursue any recourse it may have under such BLS Agreement to remedy such failure.
If requested by Santarus and after consultation with Santarus, Depomed will request that BLS agree to modify certain provisions of the BLS Supply Agreement relating to ordering and forecasting matters.
In such event, Depomed’s liability to Santarus for such failure shall be limited to the recourse that Depomed receives, if any, from BLS, and any such failure on the part of BLS shall not be a breach or default of this Agreement by Depomed (except to the extent that any such failure by BLS arises directly from Depomed’s failure to comply with its obligations, including paying amounts due, under the BLS Supply Agreement).
Santarus’ forecasts shall be binding to the same extent as Depomed’s forecasts to BLS or Patheon are required to be binding under the BLS Supply Agreement or Patheon Agreement, respectively, such that Santarus shall place purchase Confidential Information, indicated by [***] has been omitted from this filing and filed separately with the Securities Exchange Commission.