Common use of Delivery Failures Clause in Contracts

Delivery Failures. If Emergent fails to Deliver at least eighty-five percent (85%) of the aggregate quantity of all Products with respect to all Binding Purchase Orders within a rolling 12 month period in accordance with this Agreement or if Emergent fails to issue the Emergent Release Documents for at least eighty percent (80%) of the quantity of Vials ordered under a Binding Purchase Order within thirty (30) days after the Firm Delivery Date in such Binding Purchase Order, then one (1) executive vice president-level representative (or more senior representative, from Aptevo) from each Party shall meet in person or via teleconference to discuss such failures.

Appears in 3 contracts

Sources: Manufacturing Services Agreement (Aptevo Therapeutics Inc.), Manufacturing Services Agreement (Aptevo Therapeutics Inc.), Manufacturing Services Agreement (Aptevo Therapeutics Inc.)