Backup Supplier definition
Examples of Backup Supplier in a sentence
Such license is personal to Bovie and shall not be sublicensed to, transferred to or used for the benefit of, any person or entity not authorized in writing by Arthrex except to a Back-up Supplier as set forth in Section 2.11.
If BTC exercises the Supply Option, commencing on the date 3.75 years from the Approval Date (the “Supply Date”) BTC shall be responsible for supplying Auxilium either itself or through a third party other than the Back-up Supplier and Auxilium shall purchase from BTC the BTC Supply Portion of Auxilium’s requirements of commercial supplies of Product for the Auxilium Territory during the Term.
Auxilium will require that the Back-up Supplier execute a written confidentiality agreement with both Auxilium and BTC, in a form consistent with industry standards, which includes, among other things, an undertaking by the Back-up Supplier to keep confidential the manufacturing information and know-how disclosed to the Back-up Supplier by BTC.
In addition, Auxilium will use reasonable commercial efforts to seek the cooperation of the Back-up Supplier in sharing with BTC and Auxilium information concerning the Manufacture of the Product that Back-up Supplier may acquire in connection with such Manufacture.
In the manufacturing information and know-how disclosed to the Back-up Supplier by BTC.
BDSI shall pay all royalties owed to LTS under this Agreement with respect to any Products procured from any Back-up Supplier and provide LTS in a timely manner with documents showing all quantities ordered from any Back-up Supplier.
If CIPAN, for any reason, fails to supply at least [* * *] of the units of any Product required to be delivered by CIPAN pursuant to valid purchase orders placed by Paratek during any period of [* * *] or longer beginning on the requested delivery date, in addition to and without limiting any other remedies available to Paratek, Paratek shall be entitled to notify CIPAN of its intent to source from the Backup Supplier all or any of the Products [* * *].
Notwithstanding anything to the contrary, and without limitation of BDSI’s rights under Section 14.2, BDSI may in its discretion and at its own cost and responsibility qualify an alternative, back-up to LTS, source of supply (“Back-up Supplier”) for Products in the Territory during the term of this Agreement; for purposes of clarification, but not limitation, BDSI, any Affiliate thereof, any BDSI Licensee, Aveva, or any other Third Party may constitute a Back-up Supplier.
For purposes of clarification, but not limitation, the rights and obligations of the Parties under this Section 4.7 shall be in addition to, and without limitation of, any rights or obligations either Party may have in the event of a Back-up Trigger or with respect to any Back-up Supplier.
The Parties shall from time to time at either Party’s request cooperate to evaluate a long term demand for the Product against the available production capacity and determine whether to qualify a Backup Supplier for supply of the Product.