Manufacturing Obligation Clause Samples

Manufacturing Obligation. In the event the effective date of termination occurred during the Construction Phase, ADM Sub shall provide fermentation services to produce PHA Cell Paste in up to * fermentors for a period of * at the Manufacturing Cost, plus depreciation on assets in the ADM Sub Manufacturing Facility that are not allocated to other uses calculated on a ten-year straight-line basis, *, but otherwise pursuant to the terms and conditions of the ADM Sub Manufacturing Agreement. In the event the effective date of termination occurred during the Commercial Phase, ADM Sub would for a period of three and one-half (3.5) years, at MBX's election, to be exercised once at the time MBX places it first purchase order, (i) provide fermentation services to produce PHA Cell Paste in up to * fermentors at the Manufacturing Cost, plus depreciation on assets in the ADM Sub Manufacturing Facility that are not allocated to other uses calculated on a ten-year straight-line basis, *; or (ii) manufacture PHA Material in the ADM Sub Manufacturing Facility (subject to the limitations of such facility as of the time of termination) at Manufacturing Cost, plus depreciation on assets in the ADM Sub Manufacturing Facility that are not allocated to other uses calculated on a ten-year straight-line basis, *, in either case, otherwise under the terms set forth in the ADM Sub Manufacturing Agreement.

Manufacturing Obligation. In the event that at the time the Manufacturing Party terminates this Agreement it has been using a Third Party contract manufacturer to manufacture Licensed Products, the Manufacturing Party's sole obligation with respect to manufacture and supply of Licensed Product under this Agreement, the Clinical Supply Agreement and the Commercial Supply Agreement after termination shall be to assign its agreement with such Third Party contract manufacturer to the Distributing Party. In the event that at the time the Manufacturing Party terminates this Agreement, the Manufacturing Party is manufacturing Licensed Product at its own facilities, the Manufacturing Party shall remain responsible for supplying the amounts of Licensed Product that it was obligated to supply at the time of such termination (consistent with then current forecasts of requirements under the Commercial Manufacturing and Supply Agreement) for a reasonable period of time, [ * ], in order to allow the Distributing Party to find an alternate source of supply. The sole and exclusive amount to be paid by the Distributing Party for supplies of Licensed Product under the preceding sentence during the period after termination shall be as follows: [ * ] In the event the Manufacturing Party is obligated to continue to supply Licensed Product under this Agreement, the Distributing Party shall use Reasonable Commercial and Diligent Efforts to identify one or more viable suppliers [ * ] of termination and to transfer manufacturing operations as soon as commercially reasonable within the aforementioned [ * ] time frame. [ * ] designates portions of this document that have been omitted pursuant to a request for confidential treatment filed separately with the Commission. In the event of termination of this Agreement by the Distributing Party, the Clinical Supply Agreement and the Commercial Manufacturing and Supply Agreement shall terminate.

Manufacturing Obligation. Pursuant to the terms and conditions of this Agreement, OSGP shall manufacture, package and ship to P&GP SARL, and P&GP SARL shall purchase and receive from OSGP, bulk pharmaceutical chemical Products. OSGP's obligation to supply shall include the obligation to use necessary efforts (including, but not limited to, working extra hours, shifts, or days) to supply, in any 3 month period, Products ordered by P&GP SARL up to 150% of P&GP SARL's most recent forecast submitted for such 3 month period pursuant to Article 4.2 unless mutually agreed to plans documented in SLEA's for a specific Product(s) or Unit(s) dictate a higher percentage number is appropriate for these Product(s) or Unit(s). All costs for such necessary effort will be at OSGP's expense. OSGP shall use its reasonable commercial efforts to satisfy orders for Product quantities in any 3 month period in excess of 150% of P&GP SARL's most recent forecast submitted for such 3 month period pursuant to Article 4.2 unless mutually agreed to plans documented in SLEA's for a specific Product(s) or Unit(s) dictate a higher or lower percentage number is appropriate for these Product(s) or Unit(s).

Manufacturing Obligation. Pursuant to the terms and conditions of this Agreement, AHS shall manufacture, package, and ship to Hemostemix's Sites and Hemostemix shall purchase and receive from AHS, packaged finished goods of the Product(s). AHS is responsible for Contract Manufacturing Services in the production and distribution to the Sites of such Product(s). AHS' obligation to supply Contract Manufacturing Services shall include the obligation to use necessary efforts (including working extra hours, shifts, or days) to supply Product(s) ordered by Hemostemix.

Manufacturing Obligation. In the event the effective date of termination occurred during the Construction Phase, ADM Sub shall provide fermentation services to produce PHA Cell Paste in up to * fermentors for a period of * at the Manufacturing Cost (as such term is defined in the ADM Sub Manufacturing Agreement), plus depreciation on assets to the extent used to perform such manufacturing calculated on a ten-year straight-line basis, but otherwise pursuant to the terms and conditions set forth in the ADM Sub Manufacturing Agreement. In the event the effective date of termination occurred during the Commercial Phase, ADM Sub would for a period of three and one-half years, at MBX's election, to be exercised once at the time MBX places it first purchase order, (i) provide fermentation services to produce PHA Cell Paste in up to * fermentors at the Manufacturing Cost, plus depreciation on assets to the extent used to perform such manufacturing calculated on a ten-year straight-line basis; or (ii) manufacture PHA Material in the ADM Sub Manufacturing Facility (subject to the limitations of such facility as of the time of termination) at Manufacturing Cost, plus depreciation on assets to the extent used to perform such manufacturing calculated on a ten-year straight-line basis, in either case, otherwise pursuant to the terms and conditions set forth in the ADM Sub Manufacturing Agreement.

Manufacturing Obligation. Pursuant to the terms and conditions of this Agreement, OSGP shall manufacture, package, distribute, and ship to P&G, and P&G shall purchase and receive from OSGP, packaged finished goods, sample packs, semi-finished goods, and Materials of the Products. OSGP is responsible for Contract Manufacturing Services in the production and distribution of such Products. OSGP’s obligation to supply Contract Manufacturing Services shall include the obligation to use necessary efforts (including, but not limited to, working extra hours, shifts, or days) to supply, in any three (3) month period, Products ordered by P&G up to [*****] of volume on a Unit basis of P&G’s most recent forecast submitted for such three (3) month period pursuant to Article 5.2, unless mutually agreed to plans documented in SLEA’s for a specific Product(s) or Unit(s) dictate a higher percentage number is appropriate for these Product(s) or Unit(s). All costs for such necessary effort will be at OSGP’s expense. OSGP shall use its reasonable commercial efforts to satisfy orders for Product quantities in any three (3) month period in excess of [*****] of volume on a Unit basis of P&G’s most recent forecast submitted for such three (3) month period pursuant to Article 5.2, unless mutually agreed to plans documented in SLEA’s for a specific Product(s) or Unit(s) dictate a higher or lower percentage number is appropriate for these Product(s) or Unit(s).

Manufacturing Obligation. FSL shall manufacture the Wafers for Spansion in accordance with the Specifications and utilizing the Qualified Process. For clarity, FSL shall not be obligated to perform any sort, testing, assembly, packaging or similar services with respect to Wafers under this Agreement. Any modifications or changes to the Specifications or the Qualified Process shall be implemented solely in accordance with Section 2.10 below.

Manufacturing Obligation. Subject to the other provisions of this Agreement regarding expiration and termination, in the event Organon Opts Out as to a particular Collaboration Product and, at the time of such Opt-Out Organon or its Affiliated Subcontractor(s) is manufacturing such Collaboration Product pursuant to Article 7, at Lexicon's election, the manufacture and supply provisions of Article 7 shall nonetheless apply to such Collaboration Product for a period of (a) [**] following such Opt Out in the event Organon Opts Out prior to [**] and (b) [**] following such Opt Out in the event Organon Opts Out after [**].