Manufacturing Exclusivity. Flextronics will supply 100% of Customer’s Worldwide Demand for Product, (a) subject to subsection (b) below, Customer agrees to engage Flextronics to supply Customer’s worldwide actual demand for all of its products for the next five (5) years beginning on the Effective Date of this Agreement. (b) Customer’s commitment set forth in subsection (a) above is contingent upon Flextronics remaining competitive with regard to all material aspects of the parties relationship taken as a whole including without limitation: volumes, price, product quality, lead times, delivery, flexibility, technical support and responsiveness (the Competitiveness Criteria”), as specified in writing by Customer. If Customer determines that Flextronics is not satisfying the Competitiveness Criteria, then Customer shall provide written notice to Flextronics specifying Flextronics’s deficiencies in satisfying the Competitiveness Criteria. If Flextronics receives such notice, the parties shall meet and discuss an appropriate resolution to the matter. If the parties are unable to arrive at a mutually satisfactory resolution within a reasonable period of time, then Customer may terminate the Agreement by providing Flextronics with one hundred twenty (120) days written notice.
Manufacturing Exclusivity. Unless otherwise agreed to in writing by both Parties, GEL will be responsible for the Development and Manufacture of the Product under this Agreement. Notwithstanding the foregoing, in the event GEL is unable to timely supply CPI with Product that conforms with the Specifications, Applicable Law, cGMP, the Quality Agreement and the terms and conditions set forth in this Agreement [***].
Manufacturing Exclusivity. Unless otherwise agreed to in writing by both Parties, MSRx shall have the exclusive right to Supply all of the Product Commercialized under this Agreement; provided, however, that MSRx may designate such obligation to one of its Affiliates or a Third Party selected by MSRx. Notwithstanding anything to the contrary contained herein, MSRx’s right to exclusively Supply all Product is conditioned upon it remaining in good standing with Regulatory Authorities, meaning that an FDA inspection does not result in an “Official Action Indicated” (significant objectionable conditions or practices) or further sanction by the FDA and that MSRx retains necessary licenses to operate a manufacturing facility for the Product . In the event such FDA sanctions cause a Supply Interruption, Galena may require MSRx to designate a Third Party manufacturer as outlined under Section 2.4. SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION. ASTERISKS ([***]) DENOTE SUCH OMISSIONS. CONFIDENTIAL TREATMENT HAS BEEN REQUESTED WITH RESPECT TO THIS OMITTED INFORMATION.
Manufacturing Exclusivity. Unless otherwise agreed to in writing by both Parties, MSRx shall have the exclusive right to Supply all of the Product Commercialized under this Agreement; provided, however, that MSRx may designate such obligation to one of its Affiliates or a Third Party selected by MSRx. Notwithstanding anything to the contrary contained herein, MSRx’s right to exclusively Supply all Product is conditioned upon it remaining in good standing with Regulatory Authorities, meaning that an FDA inspection does not result in an “Official Action Indicated” (significant objectionable conditions or practices) or further sanction by the FDA and that MSRx retains necessary licenses to operate a manufacturing facility for the Product . In the event such FDA sanctions cause a Supply Interruption, Galena may require MSRx to designate a Third Party manufacturer as outlined under Section 2.4.
Manufacturing Exclusivity. Aquestive shall have the exclusive right to Supply the Product; provided, however, that, subject to Section 15.4 below, Aquestive may designate such right and obligation to one or more of its Affiliates or to a Third Party selected by Aquestive, in the case as to the designation thereof to a Third Party, upon submission of sufficient information to reasonably demonstrate the adequate financial and operational capacity to manufacture the requirements of Haisco for the Product under this Agreement. Notwithstanding the foregoing, Aquestive will remain responsible for the obligations designated to, and payment to, such Affiliates or such Third Party to the same extent it would if it had done such work itself. 2.6
