AGREEMENT TO SUPPLY PRODUCT. Subject to the terms hereof, Nycomed agrees to purchase exclusively from Acusphere, and Acusphere agrees to Manufacture for, and sell to Nycomed for a period of five years following First Commercial Sale in the Territory, Nycomed's total requirements for the Product in the Territory on the terms and conditions set forth herein; provided that the Parties agree to consider renewing such exclusive purchasing relationship at the end of the five year period and any subsequent renewal period and that, if Nycomed so requests, Acusphere shall use commercially reasonable efforts to continue to supply Nycomed its total requirements of Product on the terms set forth in this Agreement. Acusphere may subcontract any part of the Manufacturing Process for the Product to a Third Party provided: (a) the Product and the facilities continue to meet the requirements as defined in this Agreement, (b) Acusphere or Nycomed has obtained all required Governmental Approvals to subcontract any part of the Manufacturing Process for the Product to be sold in the Territory (c) Acusphere will solely bear any and all additional costs to the Manufacturing Costs resulting directly and indirectly from such subcontracting and shall continue to be responsible for performance of its obligations under this Agreement despite any such sublicensing and (d) the Third Party or Nycomed has obtained all required Governmental Approvals for the Manufacturing Process for the Product to be sold in the Territory. The costs for release testing of Product on first importation into the Territory shall be borne exclusively by Nycomed. During the Term of this Agreement, Acusphere shall not sell Product directly in the Territory or to any Third Party for active resale within the Territory, except for such countries within the Territory where Acusphere has co-marketing rights pursuant to Section 12.01 or in which Nycomed's license has terminated pursuant to Section 3.02(d).
AGREEMENT TO SUPPLY PRODUCT. Subject to the terms and conditions of this Agreement, Bachem agrees to sell the Product on a non-exclusive basis to Pxxxxxx in accordance with the terms hereof and for the duration of this Agreement.
AGREEMENT TO SUPPLY PRODUCT. Subject to the terms hereof, Sanofi-Synthelabo agrees to purchase exclusively from Atrix, and Atrix agrees to Manufacture for, and sell exclusively to Sanofi-Synthelabo during the Term of this Agreement, Sanofi-Synthelabo's total requirements for the Product and the Demonstration Samples in the Territory on the terms and conditions set forth herein. Subject to Sanofi-Synthelabo's prior written approval, such approval not to be unreasonably withheld, conditioned or delayed by Sanofi-Synthelabo, Atrix may subcontract any part of the Manufacturing Process for the Product and the Demonstration Samples to a Third Party provided: (a) the Product, the Demonstration Samples and the facilities continue to meet the requirements as defined in this Agreement and (b) Atrix has obtained all required Governmental Approvals. If subcontracting is initiated by Atrix, for any Manufacturing Process, Atrix will bear the cost of validation and necessary stability work, as well as any other directly related costs.
AGREEMENT TO SUPPLY PRODUCT. Subject to the terms and conditions of this Agreement, Fujisawa agrees to purchase Product exclusively from Atrix, and Atrix agrees to exclusively Manufacture or cause to be Manufactured for, and sell exclusively to Fujisawa on a country-by-country and Product-by-Product basis during the Royalty Term, Fujisawa's total requirements for the Product and the Professional Samples in each such country in the Territory. Thereafter for the remainder of the Term, Atrix agrees to Manufacture for and sell to Fujisawa, on a non-exclusive basis, Fujisawa's total requirement of the Product and Professional Samples in each such country in the Territory on the terms and conditions set forth herein. Atrix may subcontract any part of the Manufacturing Process for the Product and the Professional Samples to Third Parties provided the Product, the Professional Samples and the facilities of any such Third Parties continue to meet the terms and conditions of this Agreement, []** shall be []** with respect to []** then []** shall be []** provided, however, that []** Atrix will bear any and all costs in connection with any such subcontracting and Fujisawa shall not have to pay any costs or expenses in connection with any such subcontracting, []** If Atrix subcontracts any part of the Manufacturing Process or causes the Product to be Manufactured by a Third Party, Atrix shall cause such Third Parties to comply with the terms and conditions of this Agreement.
AGREEMENT TO SUPPLY PRODUCT. (a) PolyPid shall Manufacture the Product in compliance with the Product Specifications, the Quality Agreement, cGMP and other Applicable Law, and shall Manufacture Products in sufficient quantities to fulfill the Firm Purchase Orders provided in compliance with the terms of this Agreement.
AGREEMENT TO SUPPLY PRODUCT. Subject to the terms of this Agreement, Geneva agrees to purchase exclusively from Atrix, and Atrix agrees to Manufacture for, and sell exclusively to Geneva, during the Term of this Agreement, Geneva's total requirements for the Products in the Territory on the terms and conditions set forth herein. Subject to notice to and prior written approval of Geneva which approval shall not be unreasonably withheld, conditioned or delayed, Atrix may subcontract any part of the Manufacturing Process for a Product to Third Parties provided the Product and the facilities continue to meet the requirements as defined in this Agreement. If subcontracting is initiated by Atrix, Atrix will bear the costs of qualifying the Third Party as a qualified site for the Manufacture of the Product, including validation and necessary stability work. ** CONFIDENTIAL TREATMENT REQUESTED.
