Increased Demand. INyX will use Commercially Reasonable Efforts to accommodate the Customer's requests for units in excess of those reserved for the Customer and set forth in Exhibit B to this Agreement; provided, however, that it shall not be a breach of this Agreement if INyX, despite its Commercially Reasonable Efforts, is unable to supply quantities of Product to the Customer in excess of 110% of the annual forecast supplied pursuant to Section 3.3 for that year.
Appears in 2 contracts
Sources: Manufacturing and Supply Agreement (Inyx Inc), Manufacturing and Supply Agreement (Inyx Inc)