Purchase and Supply Agreement. During the Term, Company agrees to buy from Manufacturer, and Manufacturer agrees to sell to Company, such quantities of the Product as may be set forth on purchase orders placed by Company in accordance with the provisions hereof.
Purchase and Supply Agreement. Subject to the terms and conditions of this Agreement, thX agrees to supply, and Talis agrees to purchase, such quantities of Products as may be set forth in Purchase Orders (or Annual Commitment PO) placed by Talis in accordance with the provisions of Section 3.4.
Purchase and Supply Agreement. During the term of this Agreement, NovaCardia agrees to buy, and DPC agrees to sell, such quantities of the API as set forth on Section A.7 of Schedule B at the prices set forth on Schedule C.
Purchase and Supply Agreement. Subject to the terms and conditions of this Agreement, including but not limited to the immediately following two sentences, Supplier agrees to supply, and Sequenom agrees to purchase, such quantities of Supplier Products as may be set forth in purchase orders placed by Sequenom. Supplier shall be required to accept such purchase orders for Supplier Products provided such orders are no more than […***…]% over the four month average for such Supplier products in the latest forecast submitted by Sequenom pursuant to Section 2.2, and provided such orders are materially in ***Confidential Treatment Requested line with historical purchases of such Supplier Products by Sequenom. Otherwise, Supplier may reasonably refuse such purchase orders. Supplier shall use best commercially reasonable efforts to deliver Supplier Products on the dates and in the quantities specified in Sequenom’s accepted purchase orders. All purchase orders during the Term by Sequenom to Supplier with regard to Supplier Products shall be governed by Supplier’s Standard Terms and Conditions, except to the extent otherwise expressly provided in this Agreement.
Purchase and Supply Agreement. Subject to the terms and conditions of this Agreement, Seller agrees to accept and to fully satisfy all purchase orders from Buyer for MTs and spare parts for MTs that are received by Seller during the Term and specify delivery during the Term, provided they are within the allowed variances from the Forecast. Buyer agrees to pay for, and Seller agrees to supply MTs and spare parts as set forth on purchase orders placed by Buyer in accordance with the provisions of this Agreement. Purchase orders for MTs or spare parts for MTs issued by Buyer prior to the Effective Date shall not be governed by this Agreement, but rather by the Old Agreement. Buyer is responsible for providing all service and related support for MT units. In the event Seller is requested to perform any such service or support on MT units, the Parties will confer and determine in good faith how to proceed.
Purchase and Supply Agreement. During the term of this Agreement, Purchaser agrees to buy, and Supplier agrees to use commercially reasonable efforts to sell, such quantities of Current Materials and Commercial Materials as may be set forth on purchase orders placed by Purchaser in accordance with the provisions of Section 4.3. The transfer price for supply of Current Materials and/or Commercial Materials shall be as provided in Section 6.1 and Exhibit B. Subject to each Statement of Work, Supplier shall license and supply Commercial Materials to Purchaser on an exclusive basis in the Field; provided however, that exclusivity with respect to the license and supply of Commercial Materials as set forth and defined on Exhibit C-2 ([*****]) shall be limited to a period of [*****] from the earlier of (a) the first commercial sale of [*****], or (b) [*****], subject to the conditions set forth at Exhibit B. Purchaser shall have the right to purchase and use in its Products similar non-infringing materials from one or more Third Parties during the term of this Agreement.
Purchase and Supply Agreement. The Company will enter into a Purchase and Supply Agreement with Lear and Donnxxxx xx the form attached hereto as Exhibit E, which agreement describes the procedures and responsibilities concerning the purchase and sale of Products.
Purchase and Supply Agreement. (a) This Agreement including the Schedules and Appendices annexed hereto shall serve as a master commercial supply agreement governing the manufacture, purchase and supply of Drug Products between the Parties. The Parties have agreed, as of the Effective Date, to product-specific terms governing the purchase and supply of two (2) Drug Products, Gilead’s tenofovir disoproxil fumarate and adefovir dipivoxil products, as reflected in Appendices 1 and 2. Subject to Section 2.1(b), the Parties may agree to the manufacture, purchase and supply of additional drug products by agreeing to additional product-specific terms, each in the form of a new Appendix to this Agreement signed and delivered by a representative of the applicable Party, annexed hereto and incorporated herein once executed and delivered (each, a “Product-Specific Appendix”). Each Product-Specific Appendix shall be substantially in the form of Schedule C (e.g. C-1, C-2 and C-3) attached hereto, and shall include, at a minimum, the following for the applicable Drug Product: (a) an Exhibit A setting forth the API, API Specifications, Excipients, Excipient Specifications, Components, Component Specifications, and Disposition Package for the Drug Product covered by such Product-Specific Appendix; (b) an Exhibit B setting forth the finished product Specifications; and (c) an Exhibit C setting forth the pricing terms, Facility(ies), Territory, Yearly Minimum Volume, Drug Product costs and yields, effective date and initial term.
Purchase and Supply Agreement. During the term of this Agreement, SGI agrees to buy, and Supplier agrees to sell, such quantities of Products at such prices as may be set forth on Project Plans placed by SGI in accordance with the provisions of Section 1.2 and accepted by Supplier, which shall be attached hereto in sequential order as Exhibit X-0, Xxxxxxx X-0 and so on (“Project Plans”).
Purchase and Supply Agreement. Seller, C&A (on behalf of itself and its Affiliates), on the one hand, and the Purchaser (on behalf of itself and its Affiliates), on the other hand, covenant to supply goods to, and purchase goods from, as applicable, each other pursuant to the terms set forth in this Article IV. Unless otherwise provided in this Article IV, the provisions of this Article IV, upon Closing, shall be deemed to amend and supersede all conflicting provisions contained in any Assumed Contract, purchase order, or any other agreement, arrangement or understanding relating to the purchase or supply by the Seller, C&A or any of their Affiliates from or to the Williamston Facilities.
