Examples of Supply Commitment in a sentence
If Cempra delivers, and Hospira accepts, as part of a subsequent three (3) Commercial Years forecast an updated forecast for any Commercial Year covered in a previously-provided forecast hereunder, such subsequent forecast shall constitute Hospira’s Product Supply Commitment for such previously covered Commercial Year and be subject to Hospira’s supply obligations above.
In no event, however, shall Hospira be required to supply any Product in excess of its applicable annual Product Supply Commitment except to the extent any relevant Purchase Orders therefor are confirmed by Hospira.
The parties will mutually agree upon the specific rate at which Epson will be required to ramp up capacity to the Supply Commitment.
To the extent that Cempra’s Product requirements in any Commercial Year exceed Hospira’s Product Supply Commitment therefor, Cempra shall have the right to have such excess requirements manufactured by Cempra, any Affiliate thereof, or any Third Party, without breach of Section 5.1.
Second, Epson will use its best efforts to remedy the difficulty in an expeditious manner by the end of the second full month following the month in which Epson is unable to meet the Supply Commitment (in other words, the third month including the month in which the difficulty occurs).