Manufacturing Default definition
Manufacturing Default means (a) a material breach of the Company’s obligations under Sections 3.2, 3.3 or 3.6 that is not cured within [* *] days following written notice from Distributor; (b) within [* *] months after the cure or waiver of a material breach referred to in clause (a), the Company commits another material breach of its obligations under Sections 3.2, 3.3 and 3.6 (in which case the Manufacturing Default shall exist immediately upon the occurrence of the subsequent breach); (c) the Company is subject to an Insolvency Event and has materially breached its obligations under Sections 3.2, 3.3 or 3.6; or (d) a Regulatory Authority takes any action that reasonably would be expected to materially disrupt the Company’s ability to fulfill its obligations under Sections 3.2, 3.3 and 3.6 for a period of more than [* *] days.
Examples of Manufacturing Default in a sentence
Any exercise of such option shall not be construed as an exclusive remedy for the Company’s Manufacturing Default.
If a Manufacturing Default occurs, the Distributor shall have the option, upon at least [* *] days’ prior written notice, to assume Manufacturing, directly or through an Affiliate or Third Party (in either case, the “Successor Manufacturer”), of the Products at a site other than at a Company plant.
The payment obligations under this Section 3.5 shall cease when the facts giving rise to the Manufacturing Default have been cured or no longer exist and no new Manufacturing Default has occurred for at least [* *] days thereafter.