Common use of Supply Failure Clause in Contracts

Supply Failure. In the event that ▇▇▇▇▇▇▇ is unable for any reason to supply at least eighty percent (80%) of VisiJet's Firm Orders for Product in any two consecutive Quarters, VisiJet shall be entitled to require ▇▇▇▇▇▇▇ to qualify a second source for the manufacture of the Products on ▇▇▇▇▇▇▇'▇ behalf, subject to all other terms and conditions of this Agreement. ▇▇▇▇▇▇▇ shall provide all manufacturing documentation and such other assistance as may be necessary or useful to establish manufacturing operations by such third party, subject to the execution of appropriate non-disclosure restrictions. ▇▇▇▇▇▇▇ shall purchase the applicable Product(s) from such second source and sell and deliver the Product(s) to VisiJet in accordance with the provisions of, and at the prices set forth in, this Agreement. ▇▇▇▇▇▇▇ shall ▇▇▇▇▇ the second source a royalty-free, non-exclusive license to any intellectual property rights necessary to enable the second source to manufacture the Products until such time as ▇▇▇▇▇▇▇ is again able to meet the requirements referenced above.

Appears in 2 contracts

Sources: Manufacturing Agreement (Advanced Refractive Technologies, Inc.), Manufacturing, Supply and Distribution Agreement (Visijet Inc)

Supply Failure. In the event that ▇▇▇▇▇▇▇ is unable for any reason to supply at least eighty percent (80%) [****] of VisiJet's Firm Orders for Product in any two consecutive Quarters, VisiJet shall be entitled to require ▇▇▇▇▇▇▇ to qualify a second source for the manufacture of the Products on ▇▇▇▇▇▇▇'▇ behalf, subject to all other terms and conditions of this Agreement. ▇▇▇▇▇▇▇ shall provide all manufacturing documentation and such other assistance as may be necessary or useful to establish manufacturing operations by such third party, subject to the execution of appropriate non-disclosure restrictions. ▇▇▇▇▇▇▇ shall purchase the applicable Product(s) from such second source and sell and deliver the Product(s) to VisiJet in accordance with the provisions of, and at the prices set forth in, this Agreement. ▇▇▇▇▇▇▇ shall ▇▇▇▇▇ the second source a royalty-free, non-exclusive license to any intellectual property rights necessary to enable the second source to manufacture the Products until such time as ▇▇▇▇▇▇▇ is again able to meet the requirements referenced above.

Appears in 1 contract

Sources: Manufacturing, Supply and Distribution Agreement (Visijet Inc)