Common use of Alternate Source of Supply Clause in Contracts

Alternate Source of Supply. In the event that IMMUNEX elects to -------------------------- discontinue supplying AASTROM with any Supplied Product as provided in Section 3.8 above, or is prevented by Force Majeure from supplying AASTROM with any Supplied Product for a period of at least one hundred eighty (180) days, IMMUNEX shall use reasonable commercial efforts to ▇▇▇▇▇ ▇▇▇▇▇▇▇ a nonexclusive license to make or have made the Cytokine corresponding to such Supplied Product for use or sale in the Field and Territory, transfer to AASTROM or its designee (which could include, for example, a mutually acceptable contract manufacturer) all Licensed Technology and any available license rights (apart from facilities, commercially available raw materials or equipment) that are necessary or useful in manufacturing such Cytokine in an alternative facility, and shall use reasonable commercial efforts to cooperate with AASTROM to continue to supply Supplied Product from its inventories to meet AASTROM's requirements for Supplied Product until an alternate source of supply is established. IMMUNEX shall not be obligated to grant such licenses or transfer any technologies in the event that a dispute over acceptance procedures or specifications cannot be resolved as provided in Section 3.16 hereof, or IMMUNEX and AASTROM are unable to resolve any dispute over pricing. In such event, AASTROM shall be entitled to terminate this Agreement, subject to the liquidated damages provisions of Section 8.4 hereof.