Common use of Client Delays Clause in Contracts

Client Delays. KBI Biopharma has allocated resources to the Services that may be difficult or impractical to reallocate to other programs in the event of a delay attributable to Client’s failure to comply with its obligations under this Agreement, Client’s written request for delay, or scientific or technical issues related to Client’s Product which are outside of KBI Biopharma’s control. In recognition of this, KBI Biopharma shall be entitled to charge reasonable wind down and restart fees resulting from such delays. Where the Services include manufacturing Services, in the event that Client cancels or postpones a manufacturing run (based on the manufacturing slots reserved for Client in the most recent schedule provided to Client) for any reason other than a material breach of this Agreement by KBI Biopharma, or in the event that a manufacturing run is cancelled or postponed for scientific or technical issues related to Client’s Product which are outside of KBI Biopharma’s control, Client shall pay KBI Biopharma, upon receipt of an invoice, the following amounts, less all amounts already paid to KBI Biopharma for the applicable manufacturing Services: (i) One hundred percent (75%) of the price of the Services for the applicable manufacturing run if such cancellation or postponement occurs thirty (30) days or fewer prior to the scheduled vial thaw date (as communicated by KBI Biopharma to Client in writing) or at any time following the scheduled vial thaw date; (ii) Seventy-five percent (50%) of the price of the Services for the applicable manufacturing run if such cancellation or postponement occurs from thirty-one (31) to sixty (60) days prior to the scheduled vial thaw date; (iii) Fifty percent (25%) of the price of the Services for the applicable manufacturing run if such cancellation or postponement occurs from sixty-one (61) to ninety (90) days prior to the scheduled vial thaw date; or