Common use of Manufacturing Capacity Clause in Contracts

Manufacturing Capacity. (a) Back-Up Manufacturing Right. A "Supply Failure" shall mean a --------------------------- failure, in any [**] calendar quarters within any [**] month period, in each case beginning at least [**] months after BIO-RAD's first commercial sale of a BIO-RAD System, to supply BIO-RAD with at least seventy-five percent (75%) of the aggregate quantity of Standard Beads or Luminex100 Systems, as applicable, ordered pursuant to Section 4.3 by BIO-RAD for such two calendar quarters. In the event of a Supply Failure, BIO-RAD shall have a back-up supply right as set forth below (the "Back-Up Right") subject to the additional terms and conditions set forth below or in the Escrow Agreement (as identified below).