No Material Breach. For clarity (and without modification of the standards for determining material breach that would normally apply to this Agreement), the Parties agree that, if the Actual Annual Yield is less than the Target Yield for a given Year, this fact will not by itself constitute a material breach of the Agreement by Manufacturer.
Appears in 2 contracts
Samples: Confidential Agreement (Acorda Therapeutics Inc), Manufacturing Services Agreement (Acorda Therapeutics Inc)
No Material Breach. For clarity (and without modification of the standards for determining material breach that would normally apply to this Agreement), the Parties parties agree that, if the Actual Annual Yield is less than the Target Yield for a given Year, this fact will not by itself constitute a material breach of the Agreement by ManufacturerPatheon.
Appears in 2 contracts
Samples: Product Agreement (Jaguar Animal Health, Inc.), Master Manufacturing Services Agreement (Jaguar Animal Health, Inc.)
