DS Availability Clause Samples

DS Availability. To ensure Vaxcyte’s ability to supply DS for finished drug product manufacturing, Lonza must produce all Product (for example, [***]) based on the then-current Batch Forecast and Production Scheduling Form. In the event that Vaxcyte misses a scheduled drug product manufacturing slot due to the unavailability of the DS required for the drug product (including that no DS is available from Vaxcyte’s safety stock of DS under Section 9.4.2), Lonza will issue a Credit Note to Vaxcyte in the amount of [***] for each finished drug product manufacturing slot not utilized by Vaxcyte, except to the extent that Vaxcyte’s applicable FTE Forecast was not reasonably sufficient to enable Lonza to meet the applicable Batch Forecast; provided, that Lonza shall not be required to issue such a Credit Note of [***] to Vaxcyte more than [***], regardless of the number of scheduled drug product manufacturing slots that Vaxcyte misses during each such [***]. For clarity, in the event that Vaxcyte misses a drug product manufacturing slot in a [***], the Parties shall meet and mutually determine the next drug product manufacturing slot, taking into account that Lonza will use commercially best efforts to manufacture the DS required for the drug product manufacturing slot.