Supply Commitment. CIMAB shall, at no additional cost to TARCANTA or TARCANTA LTD., manufacture and supply all quantities of the Licensed Products required by TARCANTA and TARCANTA LTD. for: (a) Phase 2 clinical trials for all countries within the Territory; and (b) Phase 3 clinical trials in the Other Countries. In order to ensure an adequate supply of Licensed Products to complete the necessary clinical testing and, following the receipt of Regulatory Approvals, for the uninterrupted supply of the Licensed Products to treat patients in the U.S. and throughout the Territory, CIMAB agrees to manufacture and supply, and TARCANTA and TARCANTA LTD. shall purchase from CIMAB, all quantities of the Licensed Products required by TARCANTA, TARCANTA LTD. and their Affiliates and Sublicensees for commercial sale in the Other Countries, at a cost equal to the Transfer Price (as such term is defined below).
Supply Commitment. Aviza will have the right to order Trikon Transport Modules along with Controllers incorporating the Developed Software (“Commercial Units”) from Trikon, and Trikon shall, provided Aviza’s quantity requirements are reasonable, supply such Commercial Units to Aviza in accordance with lead times reasonably required by Trikon but not to exceed: (a) twelve (12) weeks if Aviza’s order is for one (1) unit, and if at the time of receipt of the Aviza order for such unit, Trikon has no other orders from Aviza for a Commercial Unit currently in its manufacturing queue, and (b) sixteen (16) weeks for all other orders. Subject to the foregoing, Trikon shall endeavor to supply the Commercial Units to Aviza sooner than the not to exceed lead times set forth above in order to meet Aviza’s requested shipment date. Aviza’s purchase of such Commercial Units will be governed by both the applicable terms and conditions of this Agreement and the purchase terms and conditions attached hereto as Exhibit 4.1, which are incorporated herein by reference. In the event of a conflict between those standard terms and conditions and those contained in this Agreement, this Agreement will prevail. The terms of this Agreement and the terms and conditions attached hereto as Exhibit 4.1 shall prevail over any additional or inconsistent terms set forth in any purchase order, acknowledgement, or other document exchanged between the Parties in connection with the purchase and sale of the Commercial Units, and any such additional or inconsistent terms are hereby rejected. Trikon’s supply obligations under this Section 4.1 shall terminate once Trikon has supplied Aviza with eight (8) Commercial Units (the “Required Units”). Subject to the foregoing, Aviza shall place purchase orders for the Required Units within twenty-four (24) months after completion of the Development Plan for delivery no later than thirty (30) months after the Effective Date.
Supply Commitment. CyDex agrees that CyDex shall produce (or have produced for it) and sell to Sage and its Affiliates and Sublicensees and their Contract Manufacturers 100% of Sage’s and its Affiliates’ and Sublicensees’ and their Contract Manufacturers’ requirements for Captisol for use in the formulation of Licensed Product in and for the Field, during the Term and subject to the provisions of this Agreement; provided that, and notwithstanding anything to the contrary in this Agreement, in no event shall CyDex be obligated to supply to Sage or its Affiliates or Sublicensees or their Contract Manufacturers more than an aggregate quantity of […***…] kilograms of Captisol per year pursuant to this Agreement.
Supply Commitment. Subject to Article VIII, Force Majeure, Seller has, or shall have and shall maintain at all times throughout the term of this Agreement, sufficient Gas reserves and deliverability with respect to the delivery of Gas to the Delivery Point, so as to enable Seller to meet its obligations hereunder.
Supply Commitment. TDK will use commercially reasonable efforts to supply Products to Imation and its Subsidiaries as set forth in Section 4 during the term of this Agreement. For the avoidance of doubt, TDK’s supply commitment under this Section 2.1, Section 4 and otherwise under this Agreement will not require building or acquiring manufacturing capacity or holding inventory.
Supply Commitment. During the term of this Agreement, Open-Silicon agrees to supply to Customer one-hundred percent (100%) of Customer’s requirements for the Production Units, as specified in Purchase Orders that are not in excess of one hundred and fifty percent (150%) of the then-current Forecast. Notwithstanding the foregoing, Customer understands that yields for Production Units are subject to fluctuations; therefore, Customer will accept delivery of and accept as full performance: (a) plus five percent (5%) or (b) minus ten percent (10%) of the total quantity ordered, with price adjusted for the quantity actually delivered.
Supply Commitment. (a) Until such time *** *** *** *** *** Portions of this page have been omitted pursuant to a request for Confidential Treatment and filed separately with the Commission.
Supply Commitment. (a) Mascot agrees to supply the products set out in the Confirmation.
Supply Commitment. AstraZeneca agrees to purchase, and FibroGen WFOE agrees to supply, all of AstraZeneca’s and its Sublicensees’ requirements of Product for Development and Commercialization in the Territory under the terms of this Article 6 and in accordance with this Agreement. All Product supplied to AstraZeneca by or on behalf of FibroGen WFOE under this Agreement will be supplied as finished product.
