Alternative Supply Arrangements. Unless otherwise determined by the JSC, in the event that: (a) the Lead Manufacturing Party proposes to enter into one or more new manufacturing agreements, (b) the Lead Manufacturing Party proposes to materially amend, to renegotiate or to renew its then existing Third Party manufacturing agreements, or (c) the Lead Manufacturing Party notifies the JSC that capacity or quality under the existing Third Party manufacturing agreements will not be sufficient to meet the needs of the Parties under the Development Plan, the JSC shall determinate the appropriate course of action, including a [ * ] = Certain confidential information contained in this document, marked by brackets, has been omitted and filed separately with the Securities and Exchange Commission pursuant to Rule 24b-2 of the Securities Exchange Act of 1934, as amended. determination of whether a second source of supply is appropriate. In any event, the Lead Manufacturing Party shall notify the other Party and the JSC prior to entry into any such new, amended or renewed Third Party manufacturing agreement, and the JSC shall review and approve the proposed terms of such new, amended or renewed agreement; provided that such agreement may include, as agreed upon by the JSC (i) attempting to order in full lot or production run batches and otherwise reducing the Manufacturing Cost of Collaboration Product, (ii) providing for sufficient capacity and timely supply to satisfy the requirements of the then-current Development Plan, (iii) having Facet and Trubion as parties (and in any event third party beneficiaries) with respect to the rights and obligations related to Collaboration Products pursuant to such Third Party agreement, (iv) ensuring that in the event of the exercise or deemed exercise of an Opt-Out Option by a Party, the remaining Party shall be the sole obligor pursuant to such Third Party Agreement, (v) providing that the Parties shall have joint rights and obligations under the agreement with respect to Collaboration Product, but that one Party shall be designated as the “principal party” under such agreement, (v) providing both Parties with the right to audit and inspect such Third Party’s facilities on at least [ * ], which efforts shall be coordinated between the Parties in the event both Parties desire to conduct such audit and inspection, and (vi) providing for complete sharing of any and all information under and the terms and conditions of such agreement between the Parties. The Lead Ma...
Alternative Supply Arrangements. In accordance with the Supply Agreement, Kadmon shall use Commercially Reasonable Efforts to facilitate AbbVie establishing itself or a Third Party as an alternate manufacturer of Product to supply AbbVie’s worldwide requirements for Product beyond the Supply Agreement Requirements Obligation (including in the event of circumstances in which Kadmon’s supply is interrupted and Kadmon is unable to fulfill the Supply Agreement Requirements Obligation).
Alternative Supply Arrangements. If any such exchange agreement is terminated and Chevron is able to make alternative arrangements, on terms and conditions which are (in its sole judgment) satisfactory to Chevron, for the supply of Products to Marketer at an alternative delivery point, Chevron’s obligations under this agreement shall be subject to all of the terms and conditions of such alternative supply arrangements. If only limited quantities of Products are available to Chevron at such alternative delivery point, Chevron may allocate deliveries of available Products in the manner set forth for other circumstances in section 13. No such reduction need be made up. Upon termination of such alternative supply arrangements, Chevron shall have the right to terminate its obligations to make deliveries at the alternative delivery point. If Chevron’s obligations to make deliveries at a particular delivery point are terminated pursuant to this section 15(b), Chevron shall have no obligation to make up the resulting reduction in the quantity of Products which Chevron is obligated to supply to Marketer under section 3 nor shall Chevron have any obligation to supply additional quantities of Products to Marketer at any other delivery point, but Chevron may in its sole discretion elect to do so.
Alternative Supply Arrangements. If any such exchange agreement is terminated and Supplier is able to make alternative arrangements, on terms and conditions which are (in its sole judgment) satisfactory to Supplier, for the supply of Products to Marketer at an alternative delivery point, Supplier’s obligations under this agreement shall be subject to all of the terms and conditions of such alternative supply arrangements. If only limited quantities of Products are available to Supplier at such alternative delivery point, Supplier may allocate deliveries of available Products in the manner set forth for other circumstances in section 13 (Prevention of Performance; Shortage of Supply). No such reduction need be made up. Upon termination of such alternative supply arrangements, Supplier shall have the right to terminate its obligations to make deliveries at the alternative delivery point. If Supplier’s obligations to make deliveries at a particular delivery point are terminated pursuant to this section 15.2, Supplier shall have no obligation to make up the resulting reduction in the quantity of Products which Supplier is obligated to supply to Marketer under section 3 (Product Quantities) nor shall Supplier have any obligation to supply additional quantities of Products to Marketer at any other delivery point, but Supplier may in its sole discretion elect to do so.
Alternative Supply Arrangements. If any such exchange agreement is terminated and Chevron is able to make alternative arrangements, on terms and conditions which are (in its sole judgment) satisfactory to Chevron, for the supply of petroleum products to Marketer at the applicable delivery point, Chevron’s obligations hereunder shall be subject to all of the terms and conditions of such alternative supply arrangements. If only limited quantities of petroleum products are available to Chevron at such delivery point under such alternative supply arrangements, Chevron may allocate deliveries of available products in the manner set forth for other circumstances in section 13 of this agreement. No such reduction need be made up. Upon termination of such alternative supply arrangements, Chevron shall have the right, pursuant to paragraph (a) of this section 15, to terminate its obligations to make deliveries at the applicable delivery point and proportionately to reduce its maximum sales obligations to Marketer.
Alternative Supply Arrangements. (a) Despite the licence granted to Novogen Laboratories in clause 2.1:
Alternative Supply Arrangements. If any such exchange agreement is terminated and ChevronTexaco is able to make alternative arrangements, on terms and conditions which are (in its sole judgment) satisfactory to ChevronTexaco, for the supply of petroleum products to Jobber at the applicable delivery point, ChevronTexaco’s obligations hereunder shall be subject to all of the terms and conditions of such alternative supply arrangements. If only limited quantities of petroleum products are available to ChevronTexaco at such delivery point under such alternative supply arrangements, ChevronTexaco may allocate deliveries of available products in the manner set forth for other circumstances in section 13 of this agreement. No such reduction need be made up. Upon termination of such alternative supply arrangements, ChevronTexaco shall have the right, pursuant to paragraph (a) of this section 15, to terminate its obligations to make deliveries at the applicable delivery point and proportionately to reduce its maximum sales obligations to Jobber.
