Examples of Launch Supplies in a sentence
For clarity, Takeda shall not have the right to terminate this Agreement pursuant to Section 12.2 for Orexigen’s failure to complete the Delivery of Launch Supplies (as provided in Section 7.2.1 of this Agreement) or any other failure to supply, and Takeda’s sole remedy for any such failure shall be the remedies set forth in paragraphs 2 and 3 of this Exhibit.
The Parties shall work together in good faith to enter into a mutually acceptable quality agreement with respect to the Manufacture of the Product prior to shipment of Launch Supplies.
Subject to Isis’ obligation to manufacture and supply API for the commercial launch of the Product pursuant to Section 5.3 (Clinical and Launch Supplies) and the Supply Agreement, Genzyme will be responsible for securing commercial quantities of API and finished drug product for the Product.
Santarus further agrees to commercially launch a Licensed Product for the Initial Indication in the U.S. within one hundred twenty (120) days following receipt of all necessary Regulatory Approvals to market and sell such Licensed Product in the U.S. for the Initial Indication (subject to prior timely receipt of adequate Launch Supplies from Pharming and provided that all Manufacturing Approvals are in place and effective).
For clarity, except for termination of this Agreement pursuant to Section 13.2 as a consequence of Takeda’s exercise of its rights under Section 4.2 of the Collaboration Agreement or pursuant to Section 3.6.1 of this Agreement, Takeda shall not have the right to terminate this Agreement or the Collaboration Agreement for Orexigen’s failure to achieve Delivery of Launch Supplies as set forth in Section 3.4, or for any other failure by Orexigen to supply the Product in accordance with this Agreement.
Notwithstanding anything to the contrary in this Agreement, the first [***] ([***]) Batches of the Product delivered to Takeda following Delivery of Launch Supplies shall, at the time of delivery to Takeda, have [***] for which no more than [***] ([***]) months shall have elapsed since the date of Manufacture.
Regulatory Approval in the Territory $ 20 million The later to occur of (i) Delivery of Launch Supplies; or (ii) Regulatory Approval in the Territory $ 10 million First Commercial Sale in the Territory $ 70 million For purposes of this Section 7.2.1, “Delivery of Launch Supplies” shall be deemed to occur if and only […***…].
Notwithstanding anything to the contrary contained in this Agreement, in order to achieve Delivery of Launch Supplies, Orexigen shall deliver the Launch Supplies to Takeda by the Launch Supplies Delivery Date.
Orexigen guarantees delivery of Launch Supplies to Takeda by the delivery date specified in Takeda’s purchase order issued to Orexigen at least [***] months prior to such delivery date; provided, however, that if any delay in delivery of Launch Supplies is caused by Takeda, then such delivery date shall be extended for each day such delivery may be delayed.
For Launch Supplies, Takeda will issue a Firm Order at least [***] ([***]) months prior to the Launch Supplies Delivery Date, and Orexigen may invoice the estimated Transfer Price when Orexigen completes Delivery of Launch Supplies.