On-Time Delivery. (a) Patheon and the Client understand that there may be uncertainties and necessary adjustments in production schedules during the Initial Manufacturing Period. The parties agree that they will work together closely to expedite deliveries and manage the scheduling of the initial Product launch. (b) If, after the Initial Manufacturing Period, Patheon is unable to deliver the quantity of Product ordered under a Firm Order on the Delivery Date due to an act or omission by Patheon (a “Late Delivery”), Client will receive a credit from Patheon for the Late Delivery that will be applied against the purchase price under the next Firm Order. The credit will be [*****] (c) A Late Delivery will not be a material breach of this Agreement by Patheon for the purposes of Section 8.2 unless the Products are delivered more than [*****] after the Delivery Date. (d) For clarity, a Late Delivery will not include any delay in shipment of Product caused by events outside of Patheon’s reasonable control, such as [*****]. (e) Patheon will not ship Products to Client or its agents in advance of a scheduled delivery date, without Client’s prior approval. (f) No shipment will be deemed complete until all ordered Product SKUs have been delivered in accordance with Client’s instructions and a certificate of compliance has been issued by Patheon. Partial shipment must be authorized by Client.
Appears in 1 contract
Sources: Manufacturing Services Agreement (Raptor Pharmaceutical Corp)
On-Time Delivery. (a) Patheon and the Client understand that there may be uncertainties and necessary adjustments in production schedules during the Initial initial Manufacturing Period. The parties agree that they will work together closely to expedite deliveries and manage the scheduling of the initial Product launch.
(b) If, If after the Initial Manufacturing Period, Patheon is unable to deliver the quantity of Product ordered under a Firm Order on the Delivery Date due to an act or omission by Patheon (a “Late Delivery”), Client will receive a credit from Patheon for the Late Delivery that will be applied against the purchase price under the next Firm Order. Order The credit will be […*****…].
(c) A Late Delivery will not be a material breach of this Agreement by Patheon for the purposes of Section 8.2 unless the Products are delivered more than […*****…] after the Delivery Date.
(d) For clarity, a Late Delivery will not include any delay in shipment of Product caused by events outside of Patheon’s reasonable control, such as […*****…].
(e) Patheon will not ship Products to Client or its agents in advance of a scheduled delivery date, without Client’s prior approval.
(f) No shipment will be deemed complete until all ordered Product SKUs have been delivered in accordance with Client’s instructions and a certificate of compliance has been issued by Patheon. Patheon Partial shipment must be authorized by Client.
Appears in 1 contract
Sources: Manufacturing Services Agreement (Horizon Pharma PLC)
On-Time Delivery. (a) Patheon and the Client understand that there may be uncertainties and necessary adjustments in production schedules during the Initial initial Manufacturing Period. The parties agree that they will work together closely to expedite deliveries and manage the scheduling of the initial Product launch.
(b) If, If after the Initial Manufacturing Period, Patheon is unable to deliver the quantity of Product ordered under a Firm Order on the Delivery Date due to an act or omission by Patheon (a “Late Delivery”), Client will receive a credit from Patheon for the Late Delivery that will be applied against the purchase price under the next Firm Order. Order The credit will be [*****].
(c) A Late Delivery will not be a material breach of this Agreement by Patheon for the purposes of Section 8.2 unless the Products are delivered more than [*****] after the Delivery Date.
(d) For clarity, a Late Delivery will not include any delay in shipment of Product caused by events outside of Patheon’s reasonable control, such as [*****].
(e) Patheon will not ship Products to Client or its agents in advance of a scheduled delivery date, without Client’s prior approval.
(f) No shipment will be deemed complete until all ordered Product SKUs have been delivered in accordance with Client’s instructions and a certificate of compliance has been issued by Patheon. Patheon Partial shipment must be authorized by Client.
Appears in 1 contract
Sources: Manufacturing Services Agreement (Horizon Therapeutics Public LTD Co)
On-Time Delivery. (a) Patheon and the Client understand that there may be uncertainties and necessary adjustments in production schedules during the Initial initial Manufacturing Period. The parties agree that they will work together closely to expedite deliveries and manage the scheduling of the initial Product launch.
(b) If, If after the Initial Manufacturing Period, Patheon is unable to deliver the quantity of Product ordered under a Firm Order on the Delivery Date due to an act or omission by Patheon (a “Late Delivery”), Client will receive a credit from Patheon for the Late Delivery that will be applied against the purchase price under the next Firm Order. Order The credit will be […*****…].
(c) A Late Delivery will not be a material breach of this Agreement by Patheon for the purposes of Section 8.2 unless the Products are delivered more than […*****…] after the Delivery Date.
(d) For clarity, a Late Delivery will not include any delay in shipment of Product caused by events outside of Patheon’s 's reasonable control, such as […*****…].
(e) Patheon will not ship Products to Client or its agents in advance of a scheduled delivery date, without Client’s 's prior approval.
(f) No shipment will be deemed complete until all ordered Product SKUs have been delivered in accordance with Client’s 's instructions and a certificate of compliance has been issued by Patheon. Patheon Partial shipment must be authorized by Client.
Appears in 1 contract
Sources: Manufacturing Services Agreement (Horizon Pharma PLC)