Common use of Allocation Among Customers and Cooperation Clause in Contracts

Allocation Among Customers and Cooperation. Purchaser recognizes that, due to Manufacturing Interruptions or Manufacturing Quota Restrictions, Noramco may produce less API in any given time period than anticipated, and that Noramco may, at its discretion, allocate its available supply of API among its customers, itself, and its Affiliates [***]. Notwithstanding the above, Noramco shall (a) use [***] efforts to minimize interruptions in the supply of API and (b) use [***] efforts to coordinate with Purchaser to mitigate against the consequences of any shortages related to Manufacturing Interruptions or Manufacturing Quota Restrictions.

Appears in 1 contract

Sources: Supply Agreement (Depomed Inc)

Allocation Among Customers and Cooperation. Purchaser recognizes that, due to Manufacturing Interruptions or Manufacturing Quota Restrictions, Noramco may produce less API in any given time period than anticipated, and that Noramco may, at its discretion, allocate its available supply of API among its customers, itself, and its Affiliates [***]. Notwithstanding the above, Noramco shall (a) use [***] commercially reasonable efforts to minimize interruptions in the supply of API and (b) use [***] commercially reasonable efforts to coordinate with Purchaser to mitigate against the consequences of any shortages related to Manufacturing Interruptions or Manufacturing Quota Restrictions.

Appears in 1 contract

Sources: Supply Agreement (Depomed Inc)