Timely Supply Sample Clauses

Timely Supply. BMS will use Diligent Efforts during the Copromotion Term to cause ▇▇▇ to supply Product to meet Galen's reasonable projections of the requirements of Third Party purchasers in the Territory and to supply the quantities of Product samples ordered by ▇▇▇▇▇ to Promote the Product; provided, that ▇▇▇▇▇ has provided BMS with sufficient advance written notice of such projections in accordance with this Agreement (so that BMS can meet its forecasting and order obligations to ▇▇▇) and provided that ▇▇▇ makes timely delivery of conforming Product ordered to BMS. ▇▇▇▇▇ acknowledges that it has reviewed Section V (B) of ▇▇▇ Supply Agreement and understands the ordering and forecasting requirements imposed on BMS that are contained therein. Provided that ▇▇▇▇▇ shall have given BMS at least ten (10) days written notice of its forecasting and order requirements consistent with BMS' obligations under the ▇▇▇ Supply Agreement, then, if BMS fails to provide ▇▇▇ for a given quarter timely written notice of BMS' orders and forecasts for Product and Product samples, ▇▇▇▇▇ shall have the right, upon ten (10) business days' prior notice to BMS, to provide such orders and forecasts to ▇▇▇ on BMS' behalf that ▇▇▇▇▇ had provided to BMS; provided, that ▇▇▇▇▇ may not do so if BMS notifies ▇▇▇▇▇ in writing that doing so could result in BMS holding in excess of three (3) months' of inventory of Product (including safety stock), based upon BMS' latest estimates for projected sales. Nothing in this Section 4.3.6 is intended to alter BMS' obligations and rights under the ▇▇▇ Supply Agreement.

Timely Supply. GILEAD undertakes by itself or through an assignee to timely supply API directly to the Facility as further provided hereinafter. APO shall be under no duty to Manufacture the Products (including validation batches), nor meet delivery dates provided in the Binding Orders, to the extent that GILEAD does not supply API in a timely fashion, whether said supply is provided by GILEAD or a permitted appointee of GILEAD.

Timely Supply. The INTEGRILIN PARTNERS [*] adequate supplies of ------------- INTEGRILIN Product are available to meet the requirements of Third Party purchasers in the Territory. The INTEGRILIN PARTNERS shall be responsible for [*] for INTEGRILIN Products, and GENENTECH shall provide input and assistance as reasonably necessary for the INTEGRILIN PARTNERS to do so. GENENTECH shall have the opportunity [*] as necessary to perform its obligations under this Agreement. In addition, in the event that the INTEGRILIN PARTNERS have reason to believe that they may not be able to produce adequate supplies of INTEGRILIN Product to meet the requirements of Third Party purchasers in the Territory, it shall promptly notify GENENTECH, and the Parties shall discuss in good faith the measures that should be taken to address the shortfall and to allocate available INTEGRILIN Product fairly among all of the Parties' customers.

Timely Supply. Following the grant of the Regulatory Approval the Licensed Product in a Licensee Indication in the Territory, Licensor shall supply the Licensed Product in required quantities in a timely manner in accordance with terms and conditions as may be agreed between the Parties under a separate supply agreement.

Timely Supply. For purposes of this Section 10.2.2, Bulk Product shall be deemed to have been supplied on a timely basis if such Bulk Product is delivered within [***] Business Days of the delivery date specified in the Partner purchase order forecasted and placed pursuant to Sections 10.3.1 to 10.3.4 and accepted by Nycomed in accordance with Section 10.3.5. No Supply Failure shall be deemed to have occurred if timely delivery of Bulk Product has failed to occur for reasons of a Force Majeure Event.

Timely Supply. GENENTECH will [*] adequate supplies of ------------- GENENTECH Product are available to meet the requirements of Third Party purchasers in the Territory. GENENTECH shall be responsible for [*] for GENENTECH Products, and the INTEGRILIN PARTNERS shall provide input and assistance as reasonably necessary for GENENTECH to do so. The INTEGRILIN PARTNERS shall have the opportunity [*] as necessary to perform their obligations under this Agreement. In addition, in the event that GENENTECH has reason to believe that it may not be able to produce adequate supplies of GENENTECH Product to meet the requirements of Third Party purchasers in the Territory, it shall promptly notify the INTEGRILIN PARTNERS, and the Parties shall discuss in good faith the measures that should be taken to address the shortfall and to allocate available GENENTECH Product fairly among all of the Parties' customers.