Incomplete Delivery. The Purchaser or, if relevant, Purchaser’s Nominated Contract Manufacturer shall notify the Supplier as soon as reasonably practicable if there is an incomplete delivery according to the terms of this Agreement. If the Supplier is notified by telephone or in person, then such notification shall be confirmed in writing. The Supplier shall then be obligated to rectify the incomplete delivery within sixty (60) days, running from the first date the Supplier receives such notification, provided this shall be without prejudice to any other rights or obligations under this Agreement. In addition, the Supplier shall rectify the incomplete delivery from the Supplier’s own inventory of API by allocating its existing stock among the Purchaser and such other Third Parties to whom the Supplier supplies API on a pro rata basis. If the Supplier allocates API to the Purchaser from the Supplier’s own inventory, the Parties will discuss in good faith how such allocation will be documented and applied toward the Supplier’s obligations under Section 3.3.
Appears in 2 contracts
Sources: Supply Agreement (Inspire Pharmaceuticals Inc), Supply Agreement (Insite Vision Inc)