Upon assignment of the API Supply Agreement, Purchaser shall be responsible for supplying Aventis with all quantities of Bulk Compound necessary to manufacture the Product as contemplated under this Agreement.
During the period prior to (i) the assignment of the API Supply Agreement to Purchaser; or (ii) Purchaser otherwise sourcing directly the Bulk Compound, if Aventis is not able to meet firm orders on forecasts due to a shortage of Bulk Compound, Aventis shall promptly notify Purchaser of such shortage of Bulk Compound, and, if possible, the date such shortage of Bulk Compound is expected to end.
After the assignment of the API Supply Agreement to Purchaser, Aventis shall deliver to Purchaser relevant information regarding the Bulk Compound in connection with the manufacture of Products hereunder, in order to assist Purchaser in forecasting the Bulk Compound necessary to manufacture the Products hereunder.
Until such time as the API Supply Agreement has been assigned to Purchaser, Purchaser shall not be permitted to source Bulk Compound from any third party for use in the Product without the prior written consent of Aventis.
This API Supply Agreement replaces and supersedes a previous agreement between the Company and Bachem, the American subsidiary of Swiss-based Bachem AG pertaining to the manufacture of tesamorelin.