Alternative Supplier. Savient shall have the right to establish an alternative supplier for Bulk Product for up to twenty percent (20%) of its annual world-wide Bulk Product requirements; provided, however,
Alternative Supplier. Roka shall have the right to contract with a Third Party (“Alternative Supplier”) reasonably acceptable to Gen-Probe to Manufacture and fill Roka’s requirements for Panther Instruments if (a) Gen-Probe provides notice of intent not to renew this Supply Agreement pursuant to Section 9.1 hereof, (b) Roka terminates this Supply Agreement pursuant to Section 9.2 (but only with respect to a material breach by Gen-Probe of its obligations under Section 2.4, Section 5.5, Section 5.9 or Section 5.10) or Section 9.3 or (c) during the Term of this Supply Agreement (i) Gen-Probe becomes bankrupt or insolvent or (ii) Gen-Probe ceases production of the Panther Instruments for any other reason (each of the foregoing events described in clauses (a), (b) or (c) above referred to as an “Alternative Supplier Trigger”). The parties acknowledge and agree that Stratec Biomedical Systems AG (“Stratec”) qualifies as an “Alternative Supplier” hereunder. In the event Roka’s rights to contract with an Alternative Supplier under this Article 8 are triggered, Gen-Probe will (i) allow Stratec to act as the Alternative Supplier to Roka hereunder and (ii) waive any covenants or other applicable restrictions in connection therewith. In the event that an Alternative Supplier Trigger occurs and Roka elects to contract with an Alternative Supplier, Roka shall provide written notice of such election to Gen-Probe (“Alternative Supplier Notice”). Roka acknowledges that it shall not have a right to purchase Panther Instruments from an Alternative Supplier under clause (a) above until expiration of the then current term of the Supply Agreement, provided that Gen-Probe continues to fully perform its obligations under this Supply Agreement during the period following notice of non-renewal of this Supply Agreement (the “Non-Renewal Window”). For the avoidance of doubt, Roka shall have the right during the Non-Renewal Window to take all steps necessary to prepare for and ensure that, through its Alternative Supplier, it will have an uninterrupted supply of Panther Instruments upon expiration of this Supply Agreement, including entering into a supply agreement with the Alternative Supplier, and Gen-Probe shall cooperate with and assist Roka during the Non-Renewal Window in accordance with Section 8.2 below.
Alternative Supplier. Subject to the Electricity Retailer having entered into the Company’s use of system agreement, the Customer may elect to receive Services from an Electricity Retailer. If the Customer elects to receive Services from a Retailer, the Customer must not give less than thirty (30) days Customer Notice to the Company of the Customer’s intention to take Services from that Retailer. In that event the Customer will remain liable for all amounts owing to the Company under these Terms.
Alternative Supplier. At any time, SIENNA may elect to qualify a secondary supplier of the Materials (whereby SIENNA will remain obligated to purchase at least [***] percent ([***]%) of its requirements for the Materials from NANOCOMPOSIX) and [***] and secure the transfer from NANOCOMPOSIX of [***] technology necessary for the manufacture of the Materials by such secondary supplier, in which instance the purchase price will be [***] Dollars ($[***]) and NANOCOMPOSIX will grant to SIENNA and its Affiliates, and hereby grants to SIENNA and its Affiliates, effective immediately upon such payment, [***], a royalty-free, fully-paid up, exclusive license, with the right to sublicense pursuant to Section 3.2 of the Agreement, under NANOCOMPOSIX’S rights to the Materials, to make, have made, use, have used, sell, have sold, offer to sell, have offered for sale, import and have imported Licensed Products in the Field in the Territory.
Alternative Supplier. Either Party may retain a third party to provide Services in the event that (i) a disaster lasts in excess of twenty-four (24) consecutive hours or more than thirty-six (36) hours during any thirty (30) day period, or (ii) impacts Administrator’s ability to perform the Services in accordance with the Service Levels. Customer will continue to pay Administrator the appropriate Charges for the Services during such time. Upon completion of a disaster, Administrator will, as soon as reasonably practicable, provide Customer with an incident report detailing the reason for the disaster and all actions taken by Administrator to resolve the disaster.
Alternative Supplier. (a) Subject to the provisions of Section 2.1, nothing in this Agreement shall preclude Client, at anytime during this Agreement, from qualifying an alternate supplier to provide manufacturing services for Product(s); provided, however, that Client otherwise complies all of its obligations under this Agreement.
Alternative Supplier. Agilent acknowledges that (i) it is the intent of Customer to establish one or more alternative suppliers to manufacture Product and (ii) in the process of establishing such an alternative supplier Customer will discuss the Product and Customer’s Know-How, subject to Article 14. Customer shall be free to disclose to any such actual or proposed alternative supplier the Process overview set forth in Exhibit H.
Alternative Supplier. Nothing in this Agreement shall preclude Tetraphase, at any time during the Term, from qualifying an alternate supplier to manufacture and supply Product. If Tetraphase desires to establish an alternate supplier, either following a Supply Failure or to establish one or more back-up supplier(s) (where the definition of back-up is to supply at maximum [**]% Tetraphase’ annual demand for the first [**] years of the Term of this Agreement and at maximum [**]% for the last [**] years of the Term of this Agreement), Novasep shall reasonably assist Tetraphase for a reasonable period of time in such transfer. For clarity, in the event that the facility or facilities selected by Tetraphase are owned or operated by a competitor of Novasep, Novasep shall not be required to communicate directly with such competitor in connection with Novasep’s performance of such technology transfer activities. Tetraphase shall reimburse Novasep for all documented direct costs and expenses properly and reasonably incurred by Novasep in connection with all such technology transfer activities requested by Tetraphase.
Alternative Supplier. (a) Subject to the provisions of Section 5.1, nothing in this Agreement shall preclude Durata, at anytime during this Agreement, from qualifying an alternate supplier to provide manufacturing services for the Product; provided, however, that Durata will be responsible for all of the costs and expenses of such qualification, will not disclose or use any of Hospira’s Confidential Information for such purposes and otherwise complies all of its obligations under this Agreement.
Alternative Supplier. Immediately upon notice of termination of this Agreement, or upon termination without notice, PJI may, without breach of Section 4, designate and license an alternative supplier of Licensed Products to any or all Restaurants in the Territory or any portion of the Territory. Such alternative supplier may be PJI or an Affiliate of PJI, or an unrelated party.
