Nominated Contract definition
Examples of Nominated Contract in a sentence
At the time of Delivery to the Purchaser or Purchaser’s Nominated Contract Manufacturer, the Purchaser shall be provided one (1) completed copy of the Certificate of Analysis and Material Safety Data Sheet relating to each batch of API Delivered.
The Purchaser and/or Purchaser’s Nominated Contract Manufacturer (as applicable) shall provide the Supplier with a rolling forecast schedule of demand showing their estimated requirements for API for the following [***] months (“Forecast Schedule”).
The Supplier shall use Commercially Reasonable Efforts to ensure that sufficient manufacturing capacity to meet the Purchaser’s and/or Purchaser’s Nominated Contract Manufacturer’s (as the case may be) requirements for API as shown in the Forecast Schedule is available at all times in accordance Section 3.3. The Purchaser and the Supplier shall regularly review and discuss the Manufacturing capacity available at the Manufacturing Site in relation to the Forecast Schedule.
The Supplier shall Deliver to Purchaser and/or Purchaser’s Nominated Contract Manufacturer [***] (the “Seed Stock”).
The Supplier shall build up at the Purchaser’s or Purchaser’s Nominated Contract Manufacture’s (as applicable) location the Eighteen Month Supply of API in accordance with the following schedule: (a) [***] in the aggregate of API on the date hereof; (b) [***] in the aggregate of API on June 30, 2007; (c) [***] in the aggregate of API on December 31, 2007; and (d) the Eighteen Month Supply shall be fully Delivered on June 30, 2008.
The Purchaser or Purchaser’s Nominated Contract Manufacturer (as appropriate) shall be provided with each Delivery the commercial invoice bearing the applicable order number relating to such Delivery and any other agreed Delivery documentation.
The Purchaser or, if relevant, Purchaser’s Nominated Contract Manufacturer shall notify the Supplier as soon as reasonably practicable if there is an incomplete delivery according to the terms of this Agreement.
Neither payment by nor passing of title or risk in API to the Purchaser or Purchaser’s Nominated Contract Manufacturer (as the case may be) shall be deemed to constitute acceptance of API.
In accordance with the terms of this Agreement, the Supplier shall sell to the Purchaser those requirements for API Manufactured by [***] as forecasted and ordered from time to time by the Purchaser in accordance with Article 3, and shall supply such quantities of API to the Purchaser and/or Purchaser’s Nominated Contract Manufacturer (as applicable) for use in the Manufacture of Product.
Upon submittal of each Forecast Schedule, the quantities of API required for the Supplier to meet its obligations under Section 3.3 above will be regarded by the Parties as a binding irrevocable commitment (each a “Firm Order”) by the Purchaser to buy from the Supplier, and by the Supplier to supply (or cause to be supplied) to the Purchaser and/or Purchaser’s Nominated Contract Manufacturer (as appropriate).