Common use of Manufacturing Rights Clause in Contracts

Manufacturing Rights. (a) if MSC fails to supply Product ordered by ViewRay in accordance with the terms of this Agreement regarding the quantity or quality of Products supplied to ViewRay, then MSC shall within ten (10) Business Days of said failure present ViewRay with a plan to remedy the problem and shall use Commercially Reasonable Efforts to execute such plan and remedy the problem or MSC shall secure an alternative source of supply within a reasonable time at no cost to ViewRay. Any such alternative source of supply shall be on terms substantially identical with the terms of this Agreement. If MSC is unable to provide a plan to remedy the problem or secure an alternative source of supply within [***] after its initial failure to supply, then MSC shall consult with ViewRay and the parties shall work together to remedy the problem. If MSC is unable to remedy the supply problem after an [***] (or longer as agreed in writing by the parties), commencing with the date upon which such failure to supply began, then ViewRay may at its option, and upon notice to MSC, manufacture the Products itself or through a third party in accordance with the provisions of Section 3.10(b).

Manufacturing Rights. (a) if MSC If QED fails to supply Product ordered by ViewRay in accordance with the terms of this Agreement regarding the quantity or quality of Products supplied to ViewRay, then MSC QED shall within ten (10) Business Days [***] of said failure present ViewRay with a plan to remedy the problem and shall use Commercially Reasonable Efforts to execute such plan and remedy the problem or MSC QED shall secure an alternative source of supply within a reasonable time at no additional cost to ViewRay. Any such alternative source of supply shall be on terms substantially identical with the terms of this Agreement. If MSC QED is unable to provide a plan to remedy the problem or secure an alternative source of supply within [***] after its initial failure to supply, then MSC QED shall consult with ViewRay and the parties shall work together to remedy the problem. If MSC QED is unable to remedy the supply problem after an [***] (or longer as agreed in writing by the parties), commencing with the date upon which such failure to supply began, then ViewRay may at its option, and upon notice to MSCQED, manufacture the Products itself or through a third party in accordance with the provisions of Section 3.10(b).