Common use of Supply Allocation Clause in Contracts

Supply Allocation. (a) Prior to the occurrence of a Capacity Increase Notice (as defined below), Acusphere agrees to supply Nycomed with all its Binding Purchase Orders for Product, up to the amount set forth in the Updated Unit Forecast. If Nycomed has submitted Binding Purchase Orders in excess of the amount set forth in the Updated Unit Forecast, Acusphere shall use all commercially reasonable efforts to fill those orders. (b) After the occurrence of a Capacity Increase Notice:

Appears in 2 contracts

Sources: Collaboration, License and Supply Agreement (Acusphere Inc), Collaboration, License and Supply Agreement (Acusphere Inc)