Common use of Manufacture of Products Clause in Contracts

Manufacture of Products. Manufacturer shall use commercially reasonable efforts to maintain the necessary manufacturing capability to fill all orders for Products received from Distributor and accepted pursuant to the provisions of this Agreement. In the event of a Product shortage for any reason, Manufacturer shall have the right to allocate or apportion available Products among its customers as Manufacturer, in the exercise of its discretion, and upon prior consultation with Distributor, deems appropriate, without incurring any liability to Distributor. Manufacturer may discontinue the manufacture or sale of any Products upon twelve (12) months’ prior written notice to Distributor. Manufacturer may materially alter the performance of any or all of the Products upon ninety (90) days prior notice to Distributor. Notwithstanding the foregoing, Manufacturer may discontinue the manufacture and sale of any Product at anytime and without notice to Distributor, if such discontinuance is required, directly or indirectly, by any regulatory agency.

Manufacture of Products. Manufacturer shall use commercially reasonable efforts to maintain the necessary manufacturing capability to fill all orders for Products received from Distributor and accepted pursuant to the provisions of this Agreement. In the event of a Product shortage for any reason, Manufacturer shall have the right to allocate or apportion available Products among its customers as Manufacturer, in the exercise of its discretion, and upon prior consultation with Distributor, deems appropriate, without incurring any liability to Distributor. Manufacturer may discontinue the manufacture or sale of any Products upon twelve (12) months’ prior written notice to Distributor. Manufacturer may materially alter the performance of any or all of the Products upon ninety (90) days prior notice to Distributor. Notwithstanding the foregoing, . Manufacturer may discontinue the manufacture and sale of any Product at anytime and without notice to Distributor, if such discontinuance is required, directly or indirectly, by any regulatory agency.