Facility Program Clause Samples

Facility Program. In consideration of Nordion establishing the Facility, Molecular Insight Pharmaceuticals will pay to Nordion a non-reimbursable facility fee of [**********************] United States dollars (US $[********]) upon execution of this Agreement. After the Facility is completed, Nordion shall, in consultation with Molecular Insight Pharmaceuticals, develop and implement a Master Validation Plan for the Facility that will allow the production of BMIPP under cGMPs in the volumes required by Molecular Insight Pharmaceuticals for Phase III clinical supply as described in Section 4.1. The costs of preparation, development and implementation of the Master Validation Plan will be borne by Nordion. Prior to implementation, both parties shall in writing approve the Master Validation Plan. Nordion shall ensure that the Facility is available for the production of BMIPP for supply to Molecular Insight Pharmaceuticals on a priority basis at least three days per week to be mutually agreed between the parties.

Facility Program. You acknowledge that we have informed you of any insurance program (Facility Program) that we may have available to you, which provides you with any opportunity to purchase

Facility Program. Owner will either provide a Facility Program or request that Architect prepare a Facility Program in accordance with Section 3.2.1. If Architect prepares the Facility Program, then Owner will review the Facility Program when completed and then determine either to proceed with the Project and authorize commencement of Basic Services or to terminate this Agreement. If Owner elects to terminate this Agreement, Owner shall have no further obligation to Architect other than payment for Services authorized in writing by Owner and provided by Architect in accordance with the terms and conditions of this Agreement prior to such termination; conversely, if Owner elects to proceed with the Project, Owner shall issue a written notice to proceed with Basic Services to Architect.

Facility Program. In consideration of the provision of services and activities carried out by Nordion in returning the Facility to operation, Navidea will pay to Nordion the fees as set out in Schedule C plus any applicable taxes. Unless otherwise set out, amounts owed by Navidea during the Facility Program shall be paid in accordance with Section 5.2. Nordion shall establish the Facility in accordance with its obligations described and attributed in Schedule A, it being understood that some activities may be reasonably delayed to the extent that such activity is premised on the work or provision of data, information, Equipment or technology by Navidea and that some activities may be delayed if such activities materially interfere or could be reasonably expected to interfere with other established Nordion production activities. It is understood and acknowledged by Navidea that due to the nature of Nordion business and ongoing activities (including, without limitation, those activities carried on in rooms 112 A and 112 B at Nordion’s site) there may be delays incurred in carrying out the obligations and achieving the milestones set out in this Agreement. Nordion will use Commercially Reasonable Efforts to minimize such delays and will keep Navidea advised of such situations during biweekly the calls or more often on an urgent basis as, and when, required. Nordion recognizes the importance of the [123I]NAV5001 program to Navidea and will place due and reasonable priority on the Facility Program work. Therefore, in carrying out the Facility Program Phase, Nordion will apply the necessary and appropriate resources in carrying out its obligations and activities set out in this Agreement. Subject to the foregoing each party shall use their Commercially Reasonable Efforts in order to carry out their respective obligations and responsibilities set out in Schedule A in order to prevent or minimize delays in meeting Facility Milestones and each will keep the other advised of any situations which may result in such delays during biweekly calls or more often on an urgent basis as and when, required. Confidential Treatment – Asterisked material has been omitted and filed separately with the Securities and Exchange Commission pursuant to a request for confidential treatment. Nordion shall, in consultation with Navidea, develop and implement a Master Validation Plan that will allow the production of [123I]NAV5001 under cGMPs for Clinical Trial supply. Prior to implementation, both parties...

Facility Program. Upon execution of this Agreement, in consideration of Nordion establishing the Facility, BLSI will pay to Nordion a facility commitment fee of three hundred thousand United States dollars (US $300,000). In the event this Agreement is terminated within six (6) months of the Effective Date, Nordion shall, subject to any offset of other sums owing by BLSI, reimburse to BLSI one hundred and fifty thousand United States dollars (US $150,000) of such facility commitment fee. In the event this Agreement is terminated after six (6) months from the Effective Date and prior to the first anniversary of this Agreement Nordion shall, subject to any offset of other sums owing by BLSI, reimburse to BLSI fifty thousand United States dollars (US $50,000) of such facility commitment fee. After the Facility is established, Nordion agrees, in consultation with BLSI, to develop and implement a Master Validation Plan for the Facility that will allow the production of Altropane under cGMPs to those volumes required by BLSI, not to exceed the Maximum Batch Size. The costs of preparation, development and implementation of the Master Validation Plan will be borne by Nordion. Prior to implementation, both parties shall in writing approve the Master Validation Plan. Nordion shall ensure that such Facility is available for the production of Altropane for supply to BLSI on a priority basis.

Facility Program. The UTHSCSA, President normally appoints the Project Architect/Engineer to prepare a Facility Program with an option to continue into Basic Design services. The Project Architect/Engineer so appointed shall prepare the Facility Program following the CPO Facilities Programming Guidelines. The Owner will approve the Facility Program following its completion, and may exercise its option to continue into Basic Design Services. The CPO Project Manager will issue the CPO Facilities Programming Guidelines to the Project Architect/Engineer by separate correspondence. (See the Agreement, Article 14) 18. Geotechnical Services CPO will furnish the services of geotechnical consultants when CPO agrees that such services are necessary. In order to assist CPO in providing the most constructive information from the geotechnical consultant, the Project Manager will request the Project Architect/Engineer to recommend the scope of work for the geotechnical services by separate correspondence. (See the Agreement, Article 2.)

Facility Program. Upon execution of this Agreement, in consideration of Nordion establishing the Facility, BLSI will pay to Nordion a facility commitment fee of (CONFIDENTIAL TREATMENT REQUESTED). In the event this Agreement is terminated within six (6) months of the Effective Date, Nordion shall, subject to any offset of other sums owing by BLSI, reimburse to BLSI (CONFIDENTIAL TREATMENT REQUESTED) of such facility commitment fee. In the event this Agreement is terminated after six (6) months from the Effective Date and prior to the first anniversary of this Agreement Nordion shall, subject to any offset of other sums owing by BLSI, reimburse to BLSI (CONFIDENTIAL TREATMENT REQUESTED) of such facility commitment fee. After the Facility is established, Nordion agrees, in consultation with BLSI, to develop and implement a Master Validation Plan for the Facility that will allow the production of Altropane under cGMPs to those volumes required by BLSI, not to exceed the Maximum Batch Size. The costs of preparation, development and implementation of the Master Validation Plan will be borne by Nordion. Prior to implementation, both parties shall in writing approve the Master Validation Plan. Nordion shall ensure that such Facility is available for the production of Altropane for supply to BLSI on a priority basis.

Facility Program