Purchasing Commitment. Sponsor shall order at least [**] supply from Fujifilm [**] during the Term. Within [**], Sponsor shall send Fujifilm a written, signed certification of [**] ordered from Fujifilm [**]. In the event Sponsor ordered [**] from Fujifilm [**], it shall add the difference between the actual amount ordered and the minimum required order (i.e., [**]) to the Binding Orders for [**]. If such additional Batches result in Batches in excess of [**] = Portions of this exhibit have been omitted pursuant to a confidential treatment request. An unredacted version of this exhibit has been filed separately with the Commission. Fujifilm β Synageva Agreement EXECUTION COPY [**] obligation to order and purchase such additional Batches shall apply only to the extent [**]. In addition to the foregoing, in the event [**] willfully misrepresents the amount ordered on an [**]. The obligations set forth in this Section 1(f) shall not apply in the event of a Frustration of Purpose Event described in Section 2(c)(iii)(C), in the event of [**], until such time as such [**], but in no event longer than[**] after such events have ended, at which time the purchasing commitment described in this Section 1(f) shall recommence. [**] compliance with the commitment [**] shall be calculated based on the [**] effect and, for clarity, not [**]. In the event of (i) [**] pursuant Section 7(b)(vii)(B) [**] (by way of clarification, [**] for purposes of this Section 1(f)(ii)), or (iii) [**], the purchasing commitment described in this Section 1(f) shall not apply to the [**] nor until such time as [**], but in no event later than [**].
Appears in 1 contract
Sources: Commercial Supply Agreement
Purchasing Commitment. Sponsor shall order at least [**] supply from Fujifilm [**] during the Term. Within [**], Sponsor shall send Fujifilm a written, signed certification of [**] ordered from Fujifilm [**]. In the event Sponsor ordered [**] from Fujifilm [**], it shall add the difference between the actual amount ordered and the minimum required order (i.e., [**]) to the Binding Orders for [**]. If such additional Batches result in Batches in excess of [**] = Portions of this exhibit have been omitted pursuant to a confidential treatment request. An unredacted version of this exhibit has been filed separately with the Commission. Fujifilm β Synageva Agreement EXECUTION COPY [**] obligation to order and purchase such additional Batches shall apply only to the extent [**]. In addition to the foregoing, in the event [**] willfully misrepresents the amount ordered on an [**]. The obligations set forth in this Section 1(f) shall not apply in the event of a Frustration of Purpose Event described in Section 2(c)(iii)(C), in the event of [**], until such time as such [**], but in no event longer than[**] after such events have ended, at which time the purchasing commitment described in this Section 1(f) shall recommence. [**] compliance with the commitment [**] shall be calculated based on the [**] effect and, for clarity, not [**]. In the event of (i) [**] pursuant Section 7(b)(vii)(B) [**] (by way of clarification, [**] for purposes of this Section 1(f)(ii)), or (iii) [**], the purchasing commitment described in this Section 1(f) shall not apply to the [**] nor until such time as [**], but in no event later than [**].
Appears in 1 contract
Sources: Commercial Supply Agreement (Synageva Biopharma Corp)