Common use of Manufacturing Capacity Clause in Contracts

Manufacturing Capacity. During the Term of this Agreement, APO agrees to use [ * ] efforts to allocate sufficient Manufacturing resources in order to meet GILEAD’s requirements of the Product scheduled for delivery in accordance with Section 5 and 6 hereof. Nothing in this Section 3.4 is intended to negate APO’s obligations to fulfil Binding Orders accepted pursuant to Section 6.3 or to prevent GILEAD from submitting aggregate Binding Orders that APO will accept, if otherwise properly submitted, for a calendar year for the applicable Yearly Minimum Volume.

Manufacturing Capacity. During the Term of this Agreement, APO agrees to use [ * ] commercially reasonable efforts to allocate sufficient Manufacturing resources in order to meet GILEAD’s requirements of the Bulk Product scheduled for delivery in accordance with Section 5 and 6 hereof. Nothing in this Section 3.4 is intended to negate APO’s obligations to fulfil Binding Orders accepted pursuant to Section 6.3 or to prevent GILEAD from submitting aggregate Binding Orders that APO will accept, if otherwise properly submitted, for a calendar year for the applicable Yearly Minimum Volume.