Vendors Designated or Contracted by OMEROS Sample Clauses

Vendors Designated or Contracted by OMEROS. If OMEROS elects, at its sole discretion, to require DSM to procure Excipients or API from vendors designated by † DESIGNATES PORTIONS OF THIS DOCUMENT THAT HAVE BEEN OMITTED PURSUANT TO A REQUEST FOR CONFIDENTIAL TREATMENT FILED SEPARATELY WITH THE COMMISSION OMEROS that are not Approved Vendors, then (i) OMEROS shall so advise DSM in writing, (ii) the Parties shall discuss such proposed vendor; and (iii) DSM, within its sole discretion, shall determine whether such proposed vendor (x) shall be considered an Approved Vendor for purposes of this Agreement without additional cost to OMEROS or, (y) upon request by OMEROS and with the consent of DSM, which consent shall not be unreasonably withheld, DSM shall qualify any such proposed vendor, at OMEROS’ reasonable cost, so as to render such vendor an Approved Vendor; provided, however, OMEROS shall not be charged for qualification of a vendor if the vendor will also supply API or Excipient for another customer of DSM or for DSM’s own use. Any vendor approved by DSM pursuant to this Section 4.4 shall be considered an “Approved Vendor” and shall be added to ANNEX 6. Any vendor proposed by OMEROS that is not an Approved Vendor shall be considered an “Unapproved Vendor” unless and until such vendor becomes an Approved Vendor pursuant to this Section 4.4. DSM shall establish supply arrangements with both Approved Vendors and Unapproved Vendors for Excipients and, if DSM is required to supply API in accordance with the provisions of Section 4.2.1, for API, as applicable, and shall use its reasonable commercial efforts to require that such Approved Vendors not already under contract with DSM or Unapproved Vendors enter into a supply contract directly with DSM; otherwise, OMEROS shall be responsible for the supply of Excipients or API to DSM. In addition, the following provisions shall apply for the use of any Unapproved Vendor:
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