Supply of Product. Connetics shall have the sole responsibility, financially and otherwise, for manufacturing the Product, either directly or through one or more contractors (including Affiliates of Connetics), receiving and processing orders, distributing the Product to customers, and handling Product inventory and receivables. Connetics shall bear all costs of such activities, including without limitation all third party royalties (including all payments due to SmithKline Beecham) and cost of goods. Connetics shall use its Best Efforts to insure, but cannot guarantee, that sufficient stock of the Product will be available in its inventory to promptly fill orders from the trade based on reasonable non-binding forecasts to be provided by the Joint Marketing Team at the beginning of each quarter during the Term of this Agreement for that fiscal quarter and the following three (3) fiscal quarters.
Supply of Product. During the Term of this Agreement, and subject to the terms and conditions hereof, Miltenyi (or, where necessary to achieve continuity of Miltenyi Product supply, an Affiliate of Miltenyi or Third Party designated by Miltenyi) shall non-exclusively supply and sell to Autolus, and Autolus shall purchase from Miltenyi, Autolus’ requirements for the Miltenyi Products listed on Exhibit C solely for the Permitted Use (as defined below). Each Purchase Order placed under this Agreement shall be exclusively governed by the terms and conditions of this Agreement and the Quality Agreement, as amended from time to time, unless specifically otherwise agreed between the Parties in writing. Any terms and conditions of any Purchase Order, invoice or acknowledgement given or received which are additional to or inconsistent with this Agreement or the Quality Agreement shall have no effect and such terms and conditions are hereby excluded and rejected. CONFIDENTIAL TREATMENT HAS BEEN REQUESTED FOR PORTIONS OF THIS EXHIBIT. THE COPY FILED HEREWITH OMITS THE INFORMATION SUBJECT TO A CONFIDENTIALITY REQUEST. OMISSIONS ARE DESIGNATED [***]. A COMPLETE VERSION OF THIS EXHIBIT HAS BEEN FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION. EXHIBIT 10.2 ***Text Omitted and Filed Separately Confidential Treatment Requested Under 17 C.F.R. §§ 200.80(B)(4) and 230.406
Supply of Product. During the term of this Agreement and any extension or renewal thereof, and subject to the terms and conditions of this Agreement, Company shall manufacture and supply to B. Braun, and B. Braun shall purchase from Company, the Product that B. Braun may order pursuant to the terms of this Agreement. The ordering of Products shall be by means of individual purchase orders issued by B. Braun’s authorized procurement personnel. Binding purchase orders shall be issued with at least thirty (30) days notice prior to the required delivery dates thereunder, and shall specify the name, product code, quantities of each of the Products to be purchased, required delivery dates, and shipping instructions.
Supply of Product. The details for manufacturing Product will be determined after the execution of this Agreement, according to the following conditions:
Supply of Product. During this Agreement, (i) Buyer shall purchase from Seller the products listed on Exhibit 1 (the "Products") at the prices listed on Exhibit 1 (the "Prices")and (ii) Seller shall sell, fulfill and deliver those Products, all pursuant to this Agreement and Buyer's vendor book (the "Vendor Book"), which, among other requirements, includes Buyer's standard purchase order (the "Purchase Order"). Seller shall also provide the information regarding the Products requested on Exhibit 1.
Supply of Product. Except for UCART19 [***], and any other UCART19 Products, UCART19 Subsequent Products and UCART19 Substitute Products, upon exercise of the Option to License with respect to a given Program, and upon Servier’s request, Cellectis shall Manufacture or have Manufactured in compliance with cGMP the corresponding Products for Servier’s benefit until the end of the Phase II studies to be conducted by Servier, its Affiliates or its Servier Sublicensees, subject to a written supply and quality agreements whose terms and conditions shall be negotiated in good faith between the Parties within a period [***] upon exercise of each Option to License. The supply price of the Product (in finished form) shall be at manufacturing costs, incurred by Cellectis, plus [***]. Servier may elect at any time before entering into the first Phase II studies but after the exercise of the corresponding Option to License for any Product, to have the manufacture of such Products transferred to by Cellectis or its designee, at Servier’s costs, to Servier, 18 / 56 its US Partner or its Designee reasonably acceptable to Cellectis. The Parties will execute a tri-partite technology transfer agreement between Servier, the Contract Manufacturing Organization and Cellectis, provided that Cellectis will transfer (or will have transferred) to the Contract Manufacturing Organization the know-how, material and data necessary for the proper manufacturing of the Products. For sake of clarity, except for UCART19 [***], and any other UCART19 Products, UCART19 Subsequent Products and UCART19 Substitute Products Cellectis (or its designee, under Cellectis’ responsibility) shall use diligent efforts to perform the technology transfer to Servier, its US Partner or its Designee necessary for Servier to conduct the manufacturing of each Product. Such technology transfer will be made on a Product-by-Product basis (provided that once such technology transfer has been made for a Product, it is deemed to be made for any subsequent Products, Subsequent Products and Substitute Products directed against the same Target to the extent that in such case and if the manufacturing of such subsequent Product, Subsequent Products and Substitute Products requires additional technology transfer due to subsequent changes, Cellectis shall use its Commercially Reasonable Efforts to provide reasonable support to Servier, its US Partner or its Designee with respect to such technology transfer), and will start at Cellectis’ discre...
Supply of Product. Subject to the terms and conditions of this Agreement, Impax shall Manufacture and supply to Schering, and Schering shall purchase from Impax, the Product in accordance with Impax's ANDA and in amounts to be determined by Schering in its sole discretion (but no less than batch size quantities); provided that Schering shall be required to purchase a minimum of ++ tablets of the Product during the twelve (12) month period beginning with the first shipment of Product from Impax for commercial sale by Schering. Notwithstanding the other provisions of this Section 3.1, Schering shall not be subject to such minimum purchase requirements until Impax has received approval to sell its Product OTC. Schering shall prepay 75% of the initial order; provided, however, that such order shall not exceed Schering's initial three months' forecast of supply of Product. Nothing herein shall be construed as restricting or limiting Schering's right to manufacture the Product at Schering's or its Affiliate's facilities for use and/or sale in the Territory.
Supply of Product. The parties contemplate that Hitachi will supply Product to Exabyte following completion of the Development Agreement. Exabyte agrees that Hitachi shall have the first right of refusal with regard to the supply of Product. Any such supply of Product shall be subject to separate negotiation of terms and conditions relating to Product price, quantity, configuration, and test requirements. Any obligation on the part of Exabyte to purchase Product from Hitachi shall be subject to the successful conclusion of a separate supply agreement.
Supply of Product. According to related provisions stipulated in this contract, Party A and Party B have reached an agreement that during the period from year of 2008 to 2011 (“Period”) Party A shall purchase from Party B, and Part B shall supply to Party A with the Product as per the price, quantity and quality criterion stipulated in this contract. During the Period, Party A will issue its purchase orders (“Order”) to Party B to confirm trade condition in terms of price, quantity, and payment for each of the orders.
Supply of Product. After the PFIZER Option Date, PSIVIDA shall supply to PFIZER, at PSIVIDA’s Cost of Clinical Supplies, all or a portion of PFIZER’s Clinical Supply Requirements for the Product, in accordance with the PFIZER Development Plan. For the avoidance of doubt, and subject to PFIZER’s obligation to purchase such Clinical Supply Requirements as are set forth in the binding portion of the rolling forecast for such Clinical Supply Requirements, PFIZER shall have the right to procure all or any portion of its Clinical Supply Requirements at its sole expense for the Product from a Third Party. On the first Business Day of the second calendar month after the PFIZER Option Date and thereafter on a monthly basis on the first Business Day of each calendar month until PFIZER completes clinical trials for the Product (or such earlier date that PFIZER notifies PSIVIDA that it no longer requires PSIVIDA to supply PFIZER with Clinical Supply Requirements), PFIZER shall provide to PSIVIDA a twelve (12) month rolling forecast for such Clinical Supply Requirements, the first three (3) months of each forecast shall be binding. Along with each forecast PFIZER shall deliver to PSIVIDA a purchase order in a form to be agreed by the parties for the third (3rd) month of the forecast (each a “Firm Order”) (for clarity, the first and second months of each forecast will be covered by earlier submitted Firm Orders) this Section 5.5.2. provided however the quantity in each Firm Order shall not be less than eighty percent (80%) nor more than one hundred twenty percent (120%) of the quantity for any calendar month as most recently updated in the Firm Order period of the most recent forecast, and, that PSIVIDA’s obligations under this Section 5.5.2 are conditioned on PFIZER’s timely supply of Compound to * Confidential information has been omitted and filed separately with the Securities and Exchange Commission pursuant to a confidential treatment request. CONFIDENTIAL TREATMENT REQUESTED PSIVIDA at PFIZER’s sole expense. PFIZER may terminate the supply arrangement described in this Section 5.5.2 upon ninety (90) days prior written notice