Common use of Catalent’s Cancellation of Purchase Orders Clause in Contracts

Catalent’s Cancellation of Purchase Orders. If Client refuses or fails to timely supply conforming Client-supplied Materials in accordance with Section 3.1 and notwithstanding Section 4.5, Catalent reserves the right to cancel all, or any part of, a Purchase Order upon written notice to Client, and Catalent shall have no liability or further obligations to supply Product to Client under such Purchase Order. Any such cancellation of Purchase Orders shall not constitute a breach of this Agreement by Catalent nor shall it absolve Client of its obligation in respect of the Minimum Requirement; provided, that the foregoing shall in no event be deemed to limit or derogate from Catalent’s other duties and obligations unrelated to such Purchase Order under this Agreement.

Appears in 2 contracts

Sources: Commercial Supply Agreement (Omthera Pharmaceuticals, Inc.), Commercial Supply Agreement (Omthera Pharmaceuticals, Inc.)

Catalent’s Cancellation of Purchase Orders. If Client refuses or fails Notwithstanding anything in Section 4.3 and Section 4.5 to timely supply conforming Client-supplied Materials in accordance with Section 3.1 and notwithstanding Section 4.5the contrary, Catalent reserves the right to cancel all, or any part of, a Purchase Order upon written notice to Client, and Catalent shall have no further obligation or liability with respect to such Purchase Order to the extent Client refuses or further obligations fails to supply conforming Client-supplied Materials in accordance with Section 3.1 that is necessary in order for Catalent to manufacture a complete Batch of Product to Client under for such Purchase Order. Any such cancellation of Purchase Orders in accordance with this Section 4.4 shall not constitute a breach of this Agreement by Catalent nor shall it absolve Client of its obligation in respect of the Minimum Requirement; provided, that the foregoing shall in no event be deemed to limit or derogate from Catalent’s other duties and obligations unrelated to such Purchase Order under this AgreementCommitment.

Appears in 1 contract

Sources: Commercial Supply Agreement (Acadia Pharmaceuticals Inc)