Failure to Supply. Notwithstanding any other provision in this Agreement, if BLP fails to supply to ISTA at least [*] of the quantity of Product ordered pursuant to a Firm Order during any [*], ISTA's obligations to meet the Purchase Requirement and Annual Minimum shall terminate and ISTA shall be entitled to purchase any quantity of Product from any third party.
Appears in 4 contracts
Samples: Supply Agreement (Ista Pharmaceuticals Inc), Contract Manufacturing Supply Agreement (Ista Pharmaceuticals Inc), Supply Agreement (Ista Pharmaceuticals Inc)