Increased Demand. EDT will use Commercially Reasonable Efforts to accommodate SM’s requests for units in excess of those forecasted pursuant to Section 3.5; provided, however, that EDT shall not be in breach of this Agreement if EDT, despite its Commercially Reasonable Efforts, is unable to supply quantities of Product to SM in excess of *** of the amount forecast for that year pursuant to Section 3.5. *** Portions of this page have been omitted pursuant to a request for Confidential Treatment and filed separately with the Commission.
Appears in 2 contracts
Sources: Manufacturing and Supply Agreement (Skinmedica Inc), Manufacturing and Supply Agreement (Skinmedica Inc)