Company Requested Changes. In the event Company desires Supplier to make any changes to the Raw Materials, Manufacturing Process, or Specifications for any Product, Company shall promptly advise Supplier in writing of such request. For the avoidance of doubt, Supplier is under no obligation to make any changes to the Raw API Supply Agreement β EXECUTION VERSION 5 Materials, Manufacturing Process, or Specifications for any Product, and Supplier shall determine, in its sole discretion, whether to make any Company requested changes. In the event Supplier agrees to assess the possibility of a change to its Raw Materials, Manufacturing Process or Specifications for a Product, it shall conduct a technical review to determine any scheduling, out-of-pocket expenses, capital expenditure costs, and/or other price adjustments caused by any such change. Prior to implementation of any such change, the Parties shall negotiate in good faith in an attempt to reach agreement on (1) the new price for any Product affected by such change, and (2) any other amendments to this Agreement which may be necessitated by such change (e.g., an adjustment to the lead time for Purchase Orders).
Appears in 2 contracts
Sources: Supply Agreement, Supply Agreement (Endo Pharmaceuticals Holdings Inc)