Shortage of Supply. (a) The Company shall notify ERS: (i) as promptly as possible, but in no event more than ten days after the Company's receipt of a firm order from ERS as provided in Section 8.4, or (ii) immediately upon becoming aware that the Company is unable to supply the quantity of API to ERS that the Company is required to supply hereunder, if the Company is unable to supply such quantities of API. In such event, the Company shall implement all commercially reasonable efforts to remedy such shortage, including through the use of Third Party Manufacturers for all or a portion of such quantities of API, as determined are necessary by the JMC.
Appears in 4 contracts
Samples: Distribution and Supply Agreement, Distribution and Supply Agreement (Imclone Systems Inc/De), Distribution and Supply Agreement (Bristol Myers Squibb Co)
