Vials Clause Samples

Vials. Wyeth shall be responsible for manufacturing sufficient supplies of the current vial presentation of the SC Product to satisfy demand for such presentation of the SC Product in each country in which Wyeth is Commercializing such presentation of the SC Product pursuant to Sections 4.2 or 4.3 of this Termination Agreement through [*] for the US and [*] for the ex-US Regions. Not later than [*], Wyeth and Progenics shall assess the state of the US and ex-US inventory for such presentation of the SC Product that is available for such Commercialization in the US and in the ex-US Regions. If, in Progenics’ reasonable business judgment, there is not a sufficient quantity of such presentation of the SC Product to fulfill [*] through [*] for the US and [*] for the ex-US Regions, Progenics may give Wyeth [*] for Wyeth to manufacture such quantities of such presentation of the SC Product according to the manufacturing and supply terms attached hereto as Exhibit E (the “Manufacturing and Supply Terms”) and subject to the limitations of any contracts related to the manufacturing or supply of such presentation of the SC Product between Wyeth and any Third Party: [*]. Subject to the Manufacturing and Supply Terms, Wyeth shall have such presentation of the SC Product manufactured using [*] of such presentation of the SC Product and the requirements of any contracts related to the manufacturing or supply of such presentation of the SC Product between Wyeth and any Third Party. Subject to the Manufacturing and Supply Terms, Wyeth shall transfer [*] finished SC Product vials (including any SC Product ordered by Progenics pursuant to this Section 5.3 to fulfill [*] through [*] for the US or [*] for the ex-US Regions) to Progenics and/or its Commercial Partner(s) as follows: (a) commencing [*] Progenics and/or its US Commercial Partner to begin filling [*], Wyeth shall transfer [*] inventory of [*]; (b) within [*] of [*], Wyeth shall transfer [*] inventory [*]; (c) commencing [*], Wyeth shall transfer [*] inventory [*]; CONFIDENTIAL EXECUTION COPY (d) within [*] of [*], Wyeth shall transfer [*] inventory [*];