Product Quantities. Quantities of Product arising from a Campaign up to a maximum of [***] above or below the Purchase Order will be invoiced according to the [***] price as outlined in the Project Plan. In case of additional surplus quantities or quantities below [***] of the target quantity, the Parties will negotiate in good faith a reasonable price. The Purchase Order shall be fulfilled if at least [***] of the target quantity is delivered. 10 Maintenance by Lonza of Safety Stock. At a mutually agreed time, but not later than [***] months after the Effective Date, Lonza shall keep on hand at all times a reserve of approximately [***] of Product. Lonza may use all or part of such reserve of Product to fulfil a Purchase Order, provided that Lonza shall promptly produce additional reserve Batches in order to keep the reserve at the levels described above. At such time as Lonza schedules production of a reserve Batch, such Batch will be deemed covered by a binding Purchase Order hereunder. Lonza may elect to manufacture a reserve Batch in conjunction with a Batch subject to a Purchase Order submitted by Customer. The Product maintained by Lonza as part of such reserve shall be owned by Lonza and title shall not pass to Customer until [***], whichever comes first. Batches produced pursuant to this Section will be invoiced as follows: [***] upon the Commencement Date; and the remainder [***]. Following the date title passes to Customer, Product held in reserve shall be stored on a ▇▇▇▇ and hold basis according to Section 7.2. On termination of this Agreement, Lonza shall deliver, and Customer shall purchase (at the remaining balance of the regular price), all such reserve of Product maintained hereunder.
Appears in 2 contracts
Sources: Manufacturing Services Agreement (Sciclone Pharmaceuticals Inc), Manufacturing Services Agreement (Sciclone Pharmaceuticals Inc)