Common use of Third Party Suppliers Clause in Contracts

Third Party Suppliers. So long as any of the Deferred Fuel Cost Bonds are Outstanding, the Servicer shall take reasonable efforts to assure that no Third-Party Suppliers bills or collects the Deferred Fuel Cost Charge from any Customer on behalf of the Issuer unless required by applicable law or regulation and, to the extent permitted by applicable law or regulation, the Rating Agency Condition is satisfied. If a Third-Party Supplier does bill or collect the Deferred Fuel Cost Charge from any Customer on behalf of the Issuer, upon reasonable request of the Issuer, the Indenture Trustee or any Rating Agency, the Servicer shall take reasonable steps to assure that such Third-Party Supplier provides to the Issuer, the Indenture Trustee or the Rating Agency, as the case may be, any public information in respect of such Third-Party Supplier, or any material information regarding the Deferred Fuel Cost Property to the extent it is reasonably available to such Third-Party Supplier, as may be reasonably necessary and permitted by law for the Issuer, the Indenture Trustee or the Rating Agency to monitor such Third-Party Supplier’s performance hereunder; provided, however, that any such request by the Indenture Trustee shall not create any obligation for the Indenture Trustee to verify the information provided to it or to monitor, review or supervise the performance of any Third-Party Supplier. In addition, so long as any of the Deferred Fuel Cost Bonds are Outstanding, the Servicer will use commercially reasonable efforts to ensure that such Third-Party Supplier provides to the Issuer, within a reasonable period of time after written request therefor, any information available to the Third-Party Supplier or reasonably obtainable by it that is necessary to calculate the Deferred Fuel Cost Charge.

Third Party Suppliers. So long The Parties contemplate that Lilly will assemble, package and label the Devices (“Final Assembly Activities”) and that component parts for the Devices will be provided to Lilly by Third Party suppliers (“Third Party Suppliers”). The Committee shall be responsible for overseeing negotiations for additional supply contracts with Third Party Suppliers where the Third Party Supplier will be material to the Collaboration, and Lilly shall provide Amylin with the opportunity to review such contracts reasonably in advance of execution, provided that Lilly may redact confidential information unrelated to the supply of component parts for the Devices from the copies of such contracts it provides to Amylin. Lilly shall use its Commercially Reasonable Efforts to cause Third Party Suppliers to fulfill their obligations under their agreements with Lilly and to make available component parts for the Devices to the Collaboration as contemplated by this Agreement. The Parties agree that Lilly will not be liable to Amylin, its Affiliates or their respective directors, officers, shareholders, employees or agents for any Third Party Suppliers’ failure to deliver or failure of any Device as a result of components of the Deferred Fuel Cost Bonds are Outstanding, the Servicer shall take reasonable efforts to assure that no Third-Device manufactured by Third Party Suppliers bills or collects the Deferred Fuel Cost Charge failure of such components to comply with applicable Specifications, any representations or warranties of such Third Party Supplier or Applicable Laws, except to the extent such failure to comply is the result of Lilly’s gross negligence or willful misconduct. In the event Lilly receives any indemnification payments or other recovery from any Customer Third Parties performing services on behalf of Lilly for Manufacture of Devices containing Product, such amounts shall be shared equally by the Issuer unless required Parties. To the extent legally or contractually permissible, Lilly shall obtain a written assignment of all patent rights and know-how that such Third Parties may develop by applicable law or regulation and, reason of work performed under this Agreement. Pre-filled cartridges containing drug shall be provided by a supplier mutually acceptable to the extent permitted by applicable law or regulationParties, and Lilly shall have no liability under this Agreement for any delay in the Rating Agency Condition is satisfied. If a Third-Party Supplier does bill or collect the Deferred Fuel Cost Charge from any Customer on behalf availability of the Issuer, upon reasonable request of the Issuer, the Indenture Trustee cartridges or any Rating Agency, defect in the Servicer shall take reasonable steps to assure that such Third-Party Supplier provides to the Issuer, the Indenture Trustee cartridge or the Rating Agency, as the case may be, any public information in respect of such Third-Party Supplier, or any material information regarding the Deferred Fuel Cost Property to the extent it is reasonably available to such Third-Party Supplier, as may be reasonably necessary and permitted by law for the Issuer, the Indenture Trustee or the Rating Agency to monitor such Third-Party Supplier’s performance hereunder; provided, however, that any such request by the Indenture Trustee shall not create any obligation for the Indenture Trustee to verify the information provided to it or to monitor, review or supervise the performance of any Third-Party Supplier. In addition, so long as any of the Deferred Fuel Cost Bonds are Outstanding, the Servicer will use commercially reasonable efforts to ensure that such Third-Party Supplier provides to the Issuer, within a reasonable period of time after written request therefor, any information available to the Third-Party Supplier or reasonably obtainable by it that is necessary to calculate the Deferred Fuel Cost Chargedrug.