Second Source of Supply. Upon Galderma’s request, NovaBay shall develop a plan and budget for a qualified second source of supply capable of supplying the Collaboration Compounds for Galderma’s approval. The second source supplier shall be under the control of NovaBay and may be an alternative manufacturing facility owned by NovaBay or consist of one or more subcontractor relationships with Third Parties established by NovaBay. Galderma shall be responsible for all reasonable and documented costs and expenses incurred by NovaBay in establishing and maintaining the second source supplier.
Second Source of Supply. Within a reasonable time (which shall not ----------------------- exceed *** plus any delay associated with approval of the site of manufacture by Regulatory Authorities) after Worldwide Annual Net Sales of the Licensed Product attain a level of ***, or if a restriction is imposed upon (i) manufacturing that would prevent Zonagen from meeting its supply obligations hereunder or (b) exporting the Licensed Compound or Licensed Product out of the country where it is manufactured, then, subject to the terms and provisions of the ***, Zonagen shall, at its own cost and expense, qualify a second source of supply of the Licensed Compound and Licensed Product, which second source of supply shall be subject to SP Ltd.'s approval, which approval shall not unreasonably be withheld. SP Ltd., at its sole option, may elect to be qualified as such second source of supply.
Second Source of Supply. Notwithstanding anything to the contrary herein, in order to insure continued supply of Marketed Product and MERCK Product, ARIAD shall develop, qualify and maintain, on a time table to be agreed upon by the Parties, a second source of supply for Commercial API (the "Second API Manufacturer") in addition to its current Approved Manufacturer for API; provided that ARIAD shall in no event be required to have obtained a qualified Second API Manufacturer prior to [***] ([***]) years after first Commercialization Regulatory Approval in the United States for a Product; provided, further, that the Second API Manufacturer is approved in advance in accordance with Section 2.5(b). Upon such approval by MERCK, the Second API Manufacturer shall be treated as an Approved Manufacturer under this Agreement and its manufacturing facilities shall be "Facilities".
Second Source of Supply. GENTA, in consultation with and subject to the approval of the SUPPLY CHAIN TEAM, shall use COMMERCIALLY REASONABLE EFFORTS to establish or require its Subcontractors to establish second sources of supply for all KEY RAW MATERIALS, API and FINISHED PRODUCT so as to reasonably ensure GENTA's ability to fulfill its obligations to supply FINISHED PRODUCT to AVENTIS hereunder in a timely manner.
Second Source of Supply. Upon GALDERMA’s request but provided that worldwide Net Sales for the twelve (12) month period immediately preceding such request exceed [****************], ANIKA within nine (9) months of such request shall develop a plan and budget for a qualified second source of supply capable of supplying Licensed Products (the “Second Source Supplier”) and shall submit such plan and budget to the Steering Committee for its approval. Such Second Source Supplier shall be under the control of ANIKA and may be an alternative Facility owned by ANIKA or consist of one or more sub contractor relationships with Third Parties established by ANIKA. If such Second Source Supplier involves a Third Party, ANIKA’s obligation to establish a second source relationship with such Third Party will be subject to such Third Party agreeing in writing to be bound by the terms of a confidentiality and non-disclosure agreement satisfactory to ANIKA. Upon approval by the Steering Committee of the plan and budget for a Second Source Supplier, GALDERMA shall be responsible for all reasonable and reasonably documented costs and expenses incurred by ANIKA in establishing and maintaining such Second Source Supplier. If such costs exceed the budget approved by the Steering Committee, then such excess shall be borne by
Second Source of Supply. 22 6.4 [Deleted] ....................................................... 24 6.5 Restrictions on Unipac Competition .............................. 24 6.6 Reserved Capacity; Minimum Load ................................. 25 6.7 Orders .......................................................... 25 6.8 Rejected Goods/Shortages ........................................ 26 6.9 [Deleted] ....................................................... 26 6.10 Modifications; Changes; Substitutions ........................... 26 6.11
Second Source of Supply. In addition to the triggering event in Section 3.6.2, in the event Seller fails to deliver *** percent (***%) of ordered Products for *** business days beyond any Purchase Order Delivery Date, Buyer shall, immediately upon written notice to Seller, have the option of purchasing Products from a second source of supply and Seller shall automatically become a nonexclusive supplier of Products to Buyer for the remainder of the term of this Agreement. Buyer may, at any time after the Effective Date, begin qualifying a second source of supply for producing the Products. In order to assist Buyer in qualifying a second source of supply, Seller shall, upon Buyer's written request, within *** days of receiving the written agreement of Buyer's proposed second source of supply to confidentiality provisions substantially similar to those contained in Section 7 of this Agreement, deliver to Buyer copies of technical, manufacturing, and other written information, including but not limited to process sheets, process specifications, manuals, vendor lists, equipment information, and other writings required in order for Buyer to qualify a second source to manufacture and package Products according to the Current Product Specifications and Current Manufacturing Processes. Notwithstanding the foregoing, Seller shall only be required to deliver materials in its actual possession and shall not be required to produce or create any additional materials. Seller shall also be required to provide such assistance to Buyer or its designees as might be reasonably necessary to instruct Buyer or its designees in the manufacturing technique and procedures to manufacture Products for the validation of the first three (3) lots of Products by the proposed second source supplier. Notwithstanding the foregoing, Seller shall not be required to provide information listed in this Section to Buyer unless a triggering event in either Section 3.6.2, this Section 3.7, or Section 4.5 is implicated.
Second Source of Supply. Blueprint will have the right at any time during the Term to request that Xxx serve as a back-up supplier of one or more Licensed Products for use by Blueprint inside or outside of the Territory. Upon Blueprint’s request, and Xxx’s agreement, following completion of the Manufacturing Technology Transfer with respect to a Blueprint Compound and the Licensed Products containing such Blueprint Compound, Zai will supply such Licensed Products to Blueprint for Blueprint’s Exploitation of such Licensed Products outside of the Territory, as a second source of supply, at a price equal to [****].
