Alternate Suppliers. If CyDex fails to supply to Sage, or if CyDex will be unable to supply Sage with 80% (i.e., maximum shortfall of 20%) of the quantity of Captisol properly forecasted and ordered by Sage (and provided such order was within the Purchase Volume Limitations) in accordance with this Agreement, for a period of three consecutive months or longer or if any such failure occurs three or more times during any twelve month period (“Supply Interruption”) then CyDex shall immediately provide written notice to Sage of the Supply Interruption. In the event of a Supply Interruption:
Alternate Suppliers. If CyDex fails to supply to Spectrum, or if CyDex is unable to supply Spectrum with, [***] ([***]) of the quantity of Commercial Grade Captisol properly forecasted and ordered by Spectrum (and provided such order was within the Purchase Volume Limitations) in accordance with this Agreement, for a period of [***] ([***]) months or longer (“Supply Interruption”) then CyDex shall immediately provide written notice to Spectrum of the Supply Interruption. In the event of a Supply Interruption:
Alternate Suppliers. AASTROM shall have the right to utilize alternate suppliers to supply AASTROM's requirement of Cell Cassettes or components if (i) MOLL is unable or unwilling to meet AASTROM's requirements for quantxxx, quality or timing of Cell Cassettes, (ii) MOLL does not remain cost competitive pursuant to Section 4(d), (iii) XXLL breaches any of its obligations under this Agreement (without cxxx thereof), or (iv) with respect to the supply of Cell Cassettes in a country other than the U.S., on a country-by-country basis, if AASTROM grants rights to a strategic partner to manufacture such Cell Cassettes for sale in such country. In the event that AASTROM elects to utilize an alternative supplier for the Cell Cassettes during the Term due to such an event, MOLL shall provide reasonable cooperation by promptly supplying AASTXXX with copies of all AASTROM Documentation at the reasonable expense of AASTROM; provided, however nothing in this Section 18(b) shall be deemed to require MOLL to provide training or consultation services to the alternate sxxxxier with regard to the manufacture of the Cell Cassettes. Furthermore, even if Moll is unable to produce entire Cell Cassettes, Moll shall be obligxxxx to supply components to AASTROM's Alternate Xxxxlier.
Alternate Suppliers. Nothing in this Agreement shall prevent, prohibit or restrict Zogenix from purchasing the Products from any Third Party.
Alternate Suppliers. Nothing in this Agreement shall prevent, prohibit or restrict Endo from purchasing the Products from any Third Party.
Alternate Suppliers. Except for the Mix and Production Equipment System, Associate may purchase through Krispy Kreme or any other source (1) any other ingredients for Krispy Kreme Doughnuts and other products permitted to be sold in the doughnut shop; (2) any other doughnut plant equipment; (3) packages and containers for his products; and (4) other supplies, if the items supplied meet specifications set forth in the Manual. Krispy Kreme will not unreasonably withhold prompt approval of such purchases provided sufficient notice is given by Associate for Krispy Kreme to determine that such items conform to the standards and specifications set forth in the Manual. In return for services and expertise provided by Krispy Kreme, it will charge a service fee in the form of a markup for any purchase of supplies made through the Purchasing Department of Krispy Kreme.
Alternate Suppliers. If CyDex fails to supply to Sage, or if CyDex will be unable to supply Sage with [***] (i.e., maximum shortfall of [***]) of the quantity of Captisol properly forecasted and ordered by Sage (and provided such order was within the Purchase Volume Limitations) in accordance with this Agreement, for a period of [***] or longer or if any such failure occurs [***] or more times during any [***] period (“Supply Interruption”) then CyDex shall immediately provide written notice to Sage of the Supply Interruption. In the event of a Supply Interruption:
Alternate Suppliers. In the event that AASTROM elects to utilize an ------------------- alternative supplier for the Cell Cassettes during the Term, MSP shall provide reasonable cooperation by promptly supplying AASTROM with copies of all AASTROM Documentation at the reasonable expense of AASTROM; provided, however nothing -------- ------- in this Section 18(b) shall be deemed to require MSP to provide training or consultation services to the alternate supplier with regard to the manufacture of the Cell Cassettes.
Alternate Suppliers. Nothing in this Agreement shall prevent, prohibit or restrict Zogenix from purchasing the Drug Substance from any Third Party provided that during the Initial Term of this Agreement, Zogenix orders [***] of its total needs from the Supplier.
Alternate Suppliers. Notwithstanding anything in the foregoing to the contrary, in the event of a Supply Failure, Company shall have the right to purchase from one or more alternate suppliers ("ALTERNATE SUPPLIERS") its requirements for sulfobutylether (beta)(beta) cyclodextrin, sodium salt, to the extent necessary to replace CAPTISOL not provided by CyDex due to the Supply Failure, until such time as CyDex reasonably demonstrates that CyDex is able to resume manufacture and supply of CAPTISOL hereunder, provided, that Company shall not be obligated to purchase any of its requirements from CyDex until Company has fulfilled all obligations or commitments, if any, undertaken by Company in connection with Company's arrangements with the Alternate Suppliers.
