Third Party Manufacture. Allergan may perform the Manufacture of Licensed Compounds or Licensed Products through one or more Third Party manufacturers, provided that (a) Allergan remains responsible for such Third Party manufacturer; (b) the Third Party manufacturer undertakes in writing obligations of confidentiality and non-use regarding Confidential Information that are no less protective than those set forth in Article 12, and (c) the Third Party manufacturer agrees in writing to assign or license to Allergan all intellectual property developed in the course of performing any such Manufacture to the extent relating to the Licensed Compound or Licensed Product.
Third Party Manufacture. TANABE may sub-contract any work relating to the manufacture of the BULK DRUG SUBSTANCE, provided, however, the manufacturing so sub-contracted shall be subject to the same terms and conditions as recited herein including but not limited to the right to audit the Records and inspect facilities. VIVUS shall have the right to approve such sub-contractor prior 43 to the selection, in case such sub-contracting is related to the final stage of the manufacture of the BULK DRUG SUBSTANCE, which approval shall not be unreasonably withheld or delayed.
Third Party Manufacture. The second sentence of Section 2.4(c) Manufacturing of the Agreement is hereby changed and replaced with the following: “In the event that Histogenics intends to have a third party manufacture XX0, Xxxxxxxxxxx shall ****.”
Third Party Manufacture. If ATS, or an Affiliate of ATS, does not ----------------------- elect to manufacture a given Subject Product as set forth in Section 4.1 ("ATS Right to Manufacture"), then either (i) IMDC may elect to manufacture said Subject Product; or (ii) ATS and IMDC shall mutually agree as to a third party manufacturer for said Subject Product.
Third Party Manufacture. In the event that ATS elects not to manufacture one or more Subject Product, the ATS and IMDC will jointly ensure that the party who conducts the manufacturing process for such Subject Products(s) accepts responsibility for its own defects and negligence.
Third Party Manufacture. Amgen may perform the Manufacture of Licensed Compounds or Licensed Products through one or more Third Party manufacturers, provided that (a) Amgen remains responsible for such Third Party manufacturer performing activities under this Agreement and for any unauthorized use by such Third Party manufacturers of Arrowhead Licensed Technology provided to it by Amgen; (b) the Third Party manufacturer undertakes in writing obligations of confidentiality and non-use regarding Confidential Information that are no less protective than those set forth in Article 12; and (c) the Third Party manufacturer agrees in writing to commercially reasonable terms with respect to the intellectual property relating to such Licensed Compound or Licensed Product.
Third Party Manufacture. If Medarex is unable to meet its ------------------------- obligations to supply Product as established in any Supply Agreement entered by the parties pursuant to Section 7.6 below, or with the prior written consent of Medarex, Centeon may have the Product manufactured on its behalf by a Third Party; provided, Centeon shall not enter into a supply agreement for the Product with such Third Party on terms more favorable than those offered to Medarex for Product manufacture. If a Third Party manufactures the Product for commercialization, Centeon shall inform Medarex of the outcome of the negotiations with such Third Party.
Third Party Manufacture. In the event that LICENSOR elects not to manufacture the LICENSED PRODUCT, then LICENSOR and LICENSEE will jointly ensure that the party who conducts the manufacturing process for such LICENSED PRODUCTS accepts responsibility for its own defects and negligence.
Third Party Manufacture. Subject to the terms of Section 4.5 hereof, VERTEX may contract with any Third Party as a manufacturing subcontractor.
Third Party Manufacture. If at any time during the term of this Agreement Avicena becomes aware of the likelihood that it will be unable to deliver the quantity of Creatine specified in any Xxxxx Xxxxxx purchase order on a timely basis, then Avicena shall promptly notify Xxxxx Xxxxxx in writing of such event and of the reasons for its inability to deliver Creatine on a timely basis. In any such event, or if Avicena shall have failed to deliver the quantity of Creatine specified in a purchase order, then Xxxxx Xxxxxx shall have the right to purchase from any person Creatine sufficient to satisfy its requirements, and any products containing such third party Creatine shall be considered Licensed Products under this Agreement; provided, however, that Xxxxx Xxxxxx agrees to resume purchasing Creatine from Avicena when it has received reasonable assurances from Avicena that it can again meet Xxxxx Xxxxxx’x requirements.
