Excess Quantities. If there is an order in any month for more than the applicable Firm Order, AcelRx shall use commercially reasonable efforts, subject to the total annual [ * ] Drug cartridges or Dispenser Kits limit set forth in Section 2.2, to Manufacture any quantity of Drug, Dispenser Kits and Reusables Kits ordered by Grünenthal in excess of such levels, but in any event, AcelRx’s failure to Manufacture any such excess quantities shall not be a breach of this Agreement.
Appears in 3 contracts
Sources: Manufacture and Supply Agreement, Manufacture and Supply Agreement (Acelrx Pharmaceuticals Inc), Manufacture and Supply Agreement (Acelrx Pharmaceuticals Inc)