Supply for Development. As and to the extent requested by ▇▇▇▇▇▇, ▇▇▇▇ shall manufacture and supply to ▇▇▇▇▇▇, in accordance with Section 3.1, ▇▇▇▇ Products for purposes of developing and/or obtaining regulatory approval of the ▇▇▇▇ Products or End Products (including for non-clinical and clinical studies) and other similar and related purposes at the Development Transfer Price, but not for commercial sale. ▇▇▇▇▇▇ shall keep ▇▇▇▇ reasonably informed of its anticipated requirements of ▇▇▇▇ Products for such purposes, whether through the Project Manager meetings pursuant to Section 2.3 (if applicable), or otherwise. ▇▇▇▇▇▇ may order ▇▇▇▇ Products for the development-related purposes described above under this Section 3.2 from ▇▇▇▇ by providing ▇▇▇▇ with a binding purchase order indicating: (i) the quantities of ▇▇▇▇ Product ordered (provided such quantities are consistent with the terms of this Agreement), (ii) the requested delivery date [****], and (iii) a delivery location. Upon receipt of any such conforming purchase order, ▇▇▇▇ shall manufacture and supply ▇▇▇▇ Product in accordance therewith. Any term in such purchase order that is inconsistent with this Agreement shall not be binding upon ▇▇▇▇; otherwise ▇▇▇▇ shall send a confirmation to ▇▇▇▇▇▇ within [****] of receiving any such conforming purchase order. “Development Transfer Price” means [****].
Appears in 2 contracts
Sources: Development and Supply Agreement (Luna Innovations Inc), Development and Supply Agreement (Hansen Medical Inc)