Additional Supply. APO shall use [ * ] efforts to supply Product in excess of the applicable Yearly Minimum Volume (subject to Section 3.4) and to supply Product [ * ] of GILEAD’s previous Long Term Rolling Forecast for Product for the applicable calendar year, but shall not be obligated to supply such quantities if it is not able to do so by use of [ * ] efforts, and APO shall be allowed to take into consideration in making its commercially reasonable decision to supply the quantity of the excess amounts APO’s Manufacturing capacity and other manufacturing commitments.
Appears in 2 contracts
Sources: Toll Manufacturing Agreement, Toll Manufacturing Agreement (Gilead Sciences Inc)