Common use of More Than Six Months Clause in Contracts

More Than Six Months. If the Parties mutually agree that the Supply Interruption reasonably appears to be of more than six months duration from the Supply Interruption Notice or the then primary manufacturer appears reasonably unlikely to be capable to produce ordered quantities again after such period, the Parties agree to immediately activate the second source Cassette manufacturer (or in the case of Pumps or Accessories any second source manufacturer selected by DEBIOTECH which is reasonably acceptable to IMED as to reliability, quality, technical capability, financial capability and creditworthiness) to have it operational in the shortest possible delay. If despite their commercially reasonable efforts the Parties cannot agree on an analysis of the circumstances of the Supply Interruption or on the best course of action to take, (i) either Party may subject the question to the accelerated arbitration proceeding described in Article 22.3(a) and until there is a final determination, DEBIOTECH shall proceed in accordance with its commercially reasonable judgement or (ii) if neither Party commences such an arbitration proceeding, DEBIOTECH shall in good faith be entitled to follow its commercial reasonable judgment in solving the Supply Interruption, both clauses (i) and (ii) being subject to the following provisions:

Appears in 2 contracts

Sources: Development and Exclusive Distribution Agreement (Advanced Medical Inc), Development and Exclusive Distribution Agreement (Advanced Medical Inc)