Product Supply Sample Clauses
The Product Supply clause defines the obligations and terms under which one party provides goods or products to another. It typically outlines the types of products to be supplied, delivery schedules, quality standards, and procedures for ordering and acceptance. This clause ensures both parties have a clear understanding of their responsibilities regarding the supply of products, helping to prevent disputes over delivery, quality, or quantity.
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Product Supply. 5.1 In the event that Eisai notifies Radius of its desire to purchase bulk substance of Compound from Radius, Radius shall supply Eisai with all amount of such bulk substance of Compound, which meets specifications for the Product determined by Radius in the course of its Development activities pursuant to this Agreement, required by Eisai for commercial sales of Product in Japan With respect to Eisai clinical development activities for Product in Japan, upon Eisai’s request, Radius shall supply Eisai the bulk substance of Compound for * Confidential Treatment Requested by the Registrant. Redacted Portion Filed Separately with the Commission. the conduct of the Eisai Development activities in the amounts and at the times determined by the SC, having reference to the quantity of the bulk substance of Compound required for clinical trials in Japan. Radius shall charge Supply Price for applicable bulk substance of Compound. Radius shall ship such bulk substance of Compound, FOB point of manufacturing.
5.2 In the event that Eisai notifies Radius of its desire to purchase Semi-Product from Radius which meets specifications determined by Radius in the course of its Development activities pursuant to this Agreement, Radius shall supply Eisai with all amount of Semi-Product required by Eisai for commercial sales of Product in Japan. With respect to Eisai clinical development activities for Product in Japan, upon Eisai’s request, Radius shall supply Eisai Semi-Product for the conduct of the Eisai Development activities in the amounts and at the times determined by the SC, having reference to the quantity of Semi-Product required for clinical trials in Japan. Radius shall charge Supply Price for Semi-Product. Radius shall ship such Semi-Product, FOB point of manufacturing.
5.3 The Parties agree that they shall, in good faith, discuss, negotiate and execute necessary agreements containing mutually acceptable terms, including but not limited to, a supply agreement for either bulk substance of Compound or Semi-Product as well as a quality control agreement of either bulk substance of Compound or Semi-Product, in the event that Eisai notifies Radius as set forth in Article 5.1 or 5.2.
5.4 As manufacturer of the Product, Radius shall be responsible for: (a) the control of the quality of the Product promoted and sold under the Radius trademarks; as provided in Article 2.3; and (b) ensuring that all bulk substance of Compound or Semi-Product supplied to Eisai pursuant to t...
Product Supply. 5.2.1 HEMISPHERX undertakes and agrees to supply to IMPATIENTS on an exclusive basis, IMPATIENTS’ requirements of Product ordered in accordance with the terms of this Agreement, for distribution and sale in the Territory, limited to EAP use of Product in accordance with Early Access Approvals.
5.2.2 IMPATIENTS undertakes and agrees to obtain its requirements of Product for use in the Field from HEMISPHERX in accordance with the terms of this Agreement.
Product Supply. Prior to Manufacturing Process Transfer under Section 4.7(b) (if applicable), Pfenex shall use reasonable efforts to manufacture and supply to Jazz all non-GMP HemOnc Products reasonably required for pre-clinical and process development studies in accordance with the specifications, quantities and timeline set forth in the applicable Development Plan. After the completion of a Manufacturing Process Transfer for a HemOnc Product, Jazz shall be responsible, at its expense and through Jazz, its Affiliates or a designated Third Party manufacturer, for the manufacture and supply of all HemOnc Product required for use in the remaining clinical Development and the Commercialization of such HemOnc Product. Upon Jazz’s request, at a reasonable time during the manufacturing development process, the Parties shall negotiate in good faith for a reasonable period of time, not to exceed ninety (90) days or such longer period as mutually agreed by the Parties, the terms and conditions of a supply agreement pursuant to which Pfenex will be Jazz’s supplier of one or both GMP HemOnc Products for use in clinical Development and Commercialization, on a non-exclusive or exclusive basis as agreed by the Parties. For clarity, neither Party shall be required to enter into such an agreement except on such terms as are acceptable to such Party in its sole and absolute discretion.
Product Supply. Ascentage shall supply Unity, its Affiliates and Sublicensees with such quantities of Clinical Materials and Licensed Compound as Unity, its Affiliates and Sublicensees may order from time-to-time during the term of the Agreement.
Product Supply. 2.1 All FUJIFILM Products will be supplied by FUJIFILM to Customer in accordance with the terms and conditions of this Agreement.
2.2 Customer represents and warrants to FUJIFILM that it is purchasing the FUJIFILM Products only for its internal use, and specifically not for resale to any Third Parties. Notwithstanding the foregoing, Customer may from time to time sell a FUJIFILM Product to a Third Party upon the prior written approval of FUJIFILM
2.3 Schedule 1 sets forth the basic terms and conditions governing the sale of FUJIFILM Products to Customer. In addition, the Parties mutually agree:
2.3.1 THE WARRANTIES EXPRESSLY STATED IN THIS AGREEMENT ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, EXPRESS AND IMPLIED, AND ALL FUJIFILM PRODUCTS AND ANY SERVICES PROVIDED BY FUJIFILM HEREUNDER OR OTHERWISE ARE PROVIDED “AS IS,” AND “AS AND WHERE AVAILABLE,” AND WITH ALL FAULTS.
2.3.2 WITHOUT LIMITING THE FOREGOING, FUJIFILM SPECIFICALLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES OF TITLE AND AGAINST INFRINGEMENT, OR ARISING OUT OF A COURSE OF DEALING. DETERMINATION OF THE SUITABILITY OF THE FUJIFILM PRODUCTS FOR INTENDED USE IS THE SOLE RESPONSIBILITY OF CUSTOMER, AND FUJIFILM SHALL HAVE NO RESPONSIBILITY IN CONNECTION THEREWITH.
2.4 Schedule 2 sets forth the prices and any related special terms and conditions applicable to the purchase of FUJIFILM Products. Schedule 2 shall be automatically updated to include new or additional FUJIFILM Products by means of Customer delivering a purchase order to FUJIFILM and by FUJIFILM’s acknowledgment and acceptance of (including any changes to) said purchase order for such new or additional FUJIFILM Products at then-current prices charged by FUJIFILM. Except for updating Schedule 2 to add new or additional FUJIFILM Products, no purchase order or other document submitted by Customer shall modify any provision of this Agreement.
Product Supply. 10.1 Northlands is not responsible for loss of, or damage howsoever caused to or by, the Licensee’s products, including, but not limited to, loss or damage as a result of the delivery of the Licensee’s products.
10.2 If Commission applies to the Exhibit the Licensee is operating, the Licensee shall provide Northlands with:
(a) A copy of all receipts related to the products sold by the Licensee the previous Operation Day; and
(b) An inventory of the Licensee’s products available for sale on the previous Operation Day and an inventory of the Licensee’s products not sold at the end of the previous Operation Day; prior to 3 p.m. on the second Operation Day, and each Operation Day thereafter, and prior to 2 a.m. on the morning after the last Operation Day.
Product Supply. (a) ▇▇▇▇▇▇ shall exclusively purchase from SuperGen or from its designated Third Party manufacturer(s), and SuperGen shall exclusively supply to ▇▇▇▇▇▇ (or shall cause or its designated Third Party manufacturer(s) to supply exclusively to ▇▇▇▇▇▇), ▇▇▇▇▇▇'▇ requirements for the Product in the Territories.
(b) ▇▇▇▇▇▇ shall purchase Finished Product for the U.S. Territory from SuperGen or from its designated Third Party manufacturer(s) at the U.S. Transfer Price, which shall be equal to * for the Finished Product in the U.S. Territory for the ▇▇▇▇▇▇ Hospital Products Division fiscal quarter in which ▇▇▇▇▇▇ is purchasing such Product from SuperGen or from its designated Third Party manufacturer(s). ▇▇▇▇▇▇ shall calculate its average net selling price for this purpose in accordance with ▇▇▇▇▇▇ internal accounting policies and practices.
(c) ▇▇▇▇▇▇ shall purchase Finished Product for the International Territory from SuperGen or from its designated Third Party manufacturer(s) at the International Transfer Price, which shall be equal to * for the Finished Product in the International Territory for the ▇▇▇▇▇▇ International Division fiscal quarter in which ▇▇▇▇▇▇ is purchasing such Product from SuperGen or from its designated Third Party manufacturer(s). ▇▇▇▇▇▇ shall calculate its average net selling price for this purpose in accordance with ▇▇▇▇▇▇ internal accounting policies and practices.
(d) The Parties shall cooperate to determine manufacturing strategy and objectives for the supply of Compound, Product, and Finished Product consistent with the terms of this Agreement, including but not limited to agreeing in writing on the Specifications and attaching such Specifications to this Agreement as Exhibit 1.39 within ninety (90) days of the Effective Date, and to qualifying a second manufacturer for the Compound, acceptable to both Parties, as soon as possible after the Effective Date.
(e) Within twelve (12) months prior to the agreed projected Launch of the CONFIDENTIAL TREATMENT REQUESTED Product in the U.S. Territory, the U.S. Marketing Board shall establish a sales forecast for such Product specifying the Parties' anticipated requirements of the Finished Product in the U.S. Territory for the twelve (12) month period commencing approximately ninety (90) days prior to the anticipated date of Launch (the "U.S. Sales Forecast"). The U.S. Marketing Board shall be responsible for establishing, preparing and updating the U.S. Sales Forecast.
(f) Within twelve (12) mont...
Product Supply. XOMA shall supply exclusively (subject to Section 5.1) all of Alexion's requirements of Product in accordance with this Section 5.
Product Supply. 4.1. [*] Supply. Subject to the terms and conditions of this Agreement, Salix agrees to supply, or cause its Affiliate or a Third Party to supply, to ▇▇▇▇▇▇ during the Term, and ▇▇▇▇▇▇ agrees to purchase from Salix, Salix’s Affiliate or such Third Party, as the case may be, [*] of ▇▇▇▇▇▇’▇ requirements of the Generic Product. Salix, in its sole discretion, shall determine whether to Manufacture the Generic Product or to have an Affiliate of Salix or Third Party Manufacture Generic Product.
Product Supply. (a) As used herein: