Replacement Project. Notwithstanding the foregoing, Lonza will use commercially reasonable efforts to secure a new project [***] for the cGMP manufacturing space, [***], and then, in such case, the Cancellation Fee for each Batch cancelled that is replaced by a Batch of the new project shall be reduced by an amount equal to [***] of the production fees associated with such replacement Batch.
Replacement Project. Notwithstanding MGE's obligations under Section 9 (Operation of Nuclear Plant Pending Closing) and except as provided in Section 24 (Termination), MGE shall not be liable for the costs of the Replacement Project, including staff additions to the extent attributable to the Replacement Project, and WPSC shall indemnify and hold MGE harmless from any such costs, irrespective of whether or not the Replacement Project is completed and/or the Closing occurs, and no costs for the Replacement Project or associated overheads will be allocated to MGE pursuant to the JPSA, and the Book Value of MGE's Interest in the Nuclear Plant shall not include the value of the Replacement Project. WPSC agrees to separately track and record all costs of the Replacement Project, including loaded labor costs and indirect costs. Nothing in this Agreement obligates WPSC to proceed with the Replacement Project.
Replacement Project. Notwithstanding the foregoing, Lonza will use commercially reasonable efforts to secure a new project (but excluding any project for which, at the time of cancellation, there is a binding obligation on Lonza to conduct or reserve capacity) for manufacturing space and for the same dates and duration that would have been occupied by Customer; and then in such case the Cancellation Fee for each Batch cancelled that is replaced by a batch of the new project shall be reduced by [Redacted] of the fees associated with such replacement batch. Lonza shall use commercially reasonable efforts to identify and secure a new project(s) (but excluding any project for which, at the time of cancellation or delay, there is a binding obligation on Lonza to conduct or reserve capacity) to utilize resources reserved for cancelled or delayed Services and to the extent such resources were utilized the Cancellation Fee, as applicable, for cancelled and/or delayed Services shall be reduced by an amount [Redacted] of the fees associated with such alternative utilization of resources.
Replacement Project. Lonza will use commercially reasonable efforts to secure a new project to fill the manufacturing space with another Customer biologics project or with a Third Party customer project for each cancelled Batch in the event of any termination of this Agreement, and to the extent successful (and to the extent such replacement project fits within the time slot as that vacated by Customer), then the Termination Fee shall be waived.
Replacement Project. Notwithstanding the foregoing, Lonza will use [***] efforts to secure a new project (but excluding any project then under contract with Lonza) for the cGMP manufacturing space, and for the same dates and duration that would have been occupied by Customer, and then, in such case, the Cancellation Fee for each Batch cancelled that is 11 *** CONFIDENTIAL TREATMENT HAS BEEN REQUESTED FOR CERTAIN PORTIONS OF THIS EXHIBIT. CONFIDENTIAL PORTIONS OF THIS EXHIBIT ARE DESIGNATED BY [***]. A COMPLETE VERSION OF THIS EXHIBIT HAS BEEN FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION. replaced by a Batch of the new project shall be reduced by an amount equal to [***] of the production fees associated with such replacement Batch.
Replacement Project. Notwithstanding the foregoing, Lonza will use commercially reasonable efforts to secure a new project (but excluding any project then under contract with Lonza) for the cGMP manufacturing space, and for the same dates and duration that would have been occupied by Customer, and then, in such case, the Cancellation Fee for each Batch cancelled that is replaced by a Batch of the new project shall be reduced by an amount equal to [ ]* of the production fees associated with such replacement Batch. Notwithstanding the foregoing, if Lonza reschedules any project then under contract with Lonza for the cGMP manufacturing space subject to the Customer cancellation and Lonza is thereafter able to secure a new project (excluding any project then under contract with Lonza) for the cGMP manufacturing space occupied by such rescheduled project, then the Cancellation Fee for each Batch cancelled that is replaced by a Batch of the new project shall be reduced by an amount equal to [ ]* of the production fees associated with such replacement Batch.
Replacement Project. Notwithstanding the foregoing, Lonza shall have an obligation to mitigate damages related cancelation, rescheduling and delays to Services by Customer leading to Cancellation Fees. [***].
Replacement Project. Notwithstanding the foregoing, and in order to mitigate the Rescheduling Fee or Cancellation Fee, as applicable, Lonza will use commercially reasonable efforts to secure a new project for the manufacturing space, and for the same dates and duration that would have been occupied by Customer, and then, in such case, the Rescheduling Fee or Cancellation Fee, as applicable, for each Purchase Order rescheduled or cancelled that is replaced by a new project shall be reduced by an amount equal to one hundred percent (100%) of the production fees associated with such replacement project.
Replacement Project. Notwithstanding the foregoing, Lonza will use commercially reasonable efforts to secure a new or additional project (but excluding any project or production then under contract with Lonza with a [***] Date that is [***] ([***]) months or less after the notification date of the applicable cancellation or rescheduling by Customer) for the development or manufacturing space, and for dates and duration that would have been occupied by Customer (a “New Project”). If Lonza is able to secure a New Project with Customer or another Lonza customer (the “Replacement Services”), then, in such case, the Cancellation Fee for Development Services or Manufacturing Services cancelled that is replaced by a New Project shall be reduced or credited to Customer (if applicable) towards the New Project by an amount equal to [***] percent ([***]%) of the respective Cancellation Fee pro-rated to the Facility occupancy (on a per diem basis) with such Replacement Services. .
Replacement Project. Notwithstanding the foregoing, Lonza will [*], and then, in such case, the Cancellation Fee for each Batch cancelled [*] shall be reduced by an amount equal to [*] percent ([*]%) of the [*].
