Common use of Non-Performance Notice; Cheminor Dosage Form Product Clause in Contracts

Non-Performance Notice; Cheminor Dosage Form Product. If Cheminor delivers to Schein a Non-Performance Notice (as such term is defined in Schedule 2.1(b)(iv) hereto) with respect to a Cheminor Dosage Form Product, Cheminor may, in its sole discretion, convert Schein's exclusive right to purchase such Finished Dosage Form Product to a non-exclusive right by giving Schein written notice no later than sixty (60) days after the end of the rolling twelve (12) month period for which said notice was given. Cheminor may then sell such Product (either directly or indirectly) in the Schein Market.

Appears in 2 contracts

Sources: Strategic Alliance Agreement (Schein Pharmaceutical Inc), Strategic Alliance Agreement (Schein Pharmaceutical Inc)