Examples of Codexis Enzyme in a sentence
The determination of such Third Party with respect to all or part of any shipment of any Codexis Enzyme shall be final and binding upon the Parties.
All of Customer’s orders for Codexis Enzyme shall be made pursuant to such written Firm Order form and shall provide for shipment in compliance with Section 3.6 (Delivery and Storage of Codexis Enzymes).
Subject to Section 3.5 (Orders), Codexis shall deliver to Customer the amount of Codexis Enzyme specified in each Firm Order no later than the date(s) specified therein.
Codexis shall have the right at any time to satisfy its supply obligations to Customer under this Agreement either in whole or in part through arrangements with Third Parties engaged to perform services or supply facilities or goods in connection with the manufacture, testing, and/or packaging of Codexis Enzyme; provided, that Codexis shall remain responsible for the actions of such Third Parties and for compliance with its obligations under this Agreement.
In the event that Codexis receives a written notice of rejection from Arch in accordance with Section 2.11, Codexis (or its designee) shall, at the sole cost and expense of Codexis, replace any shipment of such rejected Codexis Enzyme, including without limitation disposal of such rejected Codexis Enzyme, within sixty (60) days after receiving Arch’s written notice of rejection.
Arch shall pay Codexis within ninety (90) days of delivery of each shipment of Codexis Enzyme hereunder.
Subject to the adjustments set forth in Section 9.2.2 of this Agreement and the last sentence of this Section 9.2.1, on a Codexis Enzyme-by-Codexis Enzyme basis, Arch shall pay to Codexis [***] per kilogram of Codexis Enzyme or such other amount as may be agreed to in writing by the Parties; provided, a [***] surcharge will be applied to each delivery of Codexis Enzyme that is requested to be delivered to Arch in less than [***].
Notwithstanding anything in this Section 4.1 to the contrary, in the event that Arch fails to purchase at least an aggregate [***] of Codexis Enzyme in any [***] period, then Codexis shall have the right to sell the Codexis Enzymes to an Affiliate and/or any Third Party for the manufacture of the Products.
Customer shall store, handle and maintain the Codexis Enzyme in accordance with storage instructions as determined by Codexis [***], which storage instructions may be amended from time to time by Codexis in writing.
In the event that Codexis receives a written notice of claim from Customer, which notice must include sufficient detail identifying the basis for claim, the Parties shall determine if such claim is proper pursuant to the dispute resolution mechanism set forth in Section 3.8 (Disputes) and shall enter into good faith discussions regarding supply of replacement quantities of Codexis Enzyme during the dispute resolution process.