Replacement Project Clause Samples
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Replacement Project. Notwithstanding the foregoing, following the cancellation of a Batch, Lonza shall use good faith commercially reasonable efforts to mitigate damages and secure a replacement project (which shall exclude any batch associated with a project then under contract with Lonza, unless additional batches are ordered within the framework of such existing project) for the cGMP manufacturing space, and for the dates and duration that would have been occupied by Customer. In the event that Lonza is able to secure such a replacement project from a bona fide third party, the Cancellation Fee for the cancelled Batch shall be reduced by an amount equal to [***] of the Cancellation Fee. If another of Customer’s products is the replacement project, then no Cancellation Fee shall be owed for any such cancelled cGMP Batch of Product. 7 Customs, Delivery, and Acceptance 7.1 Packaging and Shipping. Lonza will package and label the Product for shipment in accordance with the Master Batch Record and Lonza’s standard practices in effect at the time of performance by ▇▇▇▇▇. Lonza shall supply to Customer within [***] of completion the Certificate of Analysis, the Certificate of Compliance, the Batch Records, analytical raw data, and such other documentation as is reasonably
Replacement Project. Notwithstanding the foregoing, Lonza will use commercially reasonable efforts to secure a new project [***] for the cGMP manufacturing space, [***], and then, in such case, the Cancellation Fee for each Batch cancelled that is replaced by a Batch of the new project shall be reduced by an amount equal to [***] of the production fees associated with such replacement Batch.
Replacement Project. Notwithstanding MGE's obligations under Section 9 (Operation of Nuclear Plant Pending Closing) and except as provided in Section 24 (Termination), MGE shall not be liable for the costs of the Replacement Project, including staff additions to the extent attributable to the Replacement Project, and WPSC shall indemnify and hold MGE harmless from any such costs, irrespective of whether or not the Replacement Project is completed and/or the Closing occurs, and no costs for the Replacement Project or associated overheads will be allocated to MGE pursuant to the JPSA, and the Book Value of MGE's Interest in the Nuclear Plant shall not include the value of the Replacement Project. WPSC agrees to separately track and record all costs of the Replacement Project, including loaded labor costs and indirect costs. Nothing in this Agreement obligates WPSC to proceed with the Replacement Project.
Replacement Project. Notwithstanding the foregoing, Lonza will use commercially reasonable efforts to secure a new project (but excluding any project for which, at the time of cancellation, there is a binding obligation on Lonza to conduct or reserve capacity) for manufacturing space and for the same dates and duration that would have been occupied by Customer; and then in such case the Cancellation Fee for each Batch cancelled that is replaced by a batch of the new project shall be reduced by [Redacted] of the fees associated with such replacement batch. Lonza shall use commercially reasonable efforts to identify and secure a new project(s) (but excluding any project for which, at the time of cancellation or delay, there is a binding obligation on Lonza to conduct or reserve capacity) to utilize resources reserved for cancelled or delayed Services and to the extent such resources were utilized the Cancellation Fee, as applicable, for cancelled and/or delayed Services shall be reduced by an amount [Redacted] of the fees associated with such alternative utilization of resources.
Replacement Project. Notwithstanding the foregoing, Lonza will use commercially reasonable efforts to secure a new project to fill the slot which would have been occupied by the cancelled Firm Order with another previously uncontracted Customer biologics project or with a previously uncontracted Third Party customer project for each cancelled Batch, and to the extent successful then the Cancellation Fee for such cancelled Batch shall be waived.
Replacement Project. The County of HOLDER CANCELLATION County of Santa ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ as applicable to this endorsement.)
Replacement Project. This Contract is made and entered into the _22nd day of June , 2021 , by and between the and ▇▇▇▇▇▇▇ & ▇▇▇▇▇▇▇▇ Corporation, Contractor COUNTY and Contractor agree as follows:
Replacement Project. Notwithstanding the foregoing, and in order to mitigate the Rescheduling Fee or Cancellation Fee, as applicable, Lonza will use commercially reasonable efforts to secure a new project for the manufacturing space, and for the same dates and duration that would have been occupied by Customer, and then, in such case, the Rescheduling Fee or Cancellation Fee, as applicable, for each Purchase Order rescheduled or cancelled that is replaced by a new project shall be reduced by an amount equal to one hundred percent (100%) of the production fees associated with such replacement project.
Replacement Project. Notwithstanding the foregoing, Lonza will use commercially reasonable efforts to secure a new project (but excluding any project then under contract with Lonza) for the manufacturing space, and for the same dates and duration that would have been occupied by Customer, and then, in such case, the Cancellation Fee for each Purchase Order cancelled that is replaced by a new project shall be reduced by an amount equal to [***].
Replacement Project. Notwithstanding the foregoing, following the cancellation of a Batch, Lonza shall use commercially reasonable efforts to secure an equivalent replacement project (which shall exclude any batch associated with a binding purchase order, project then under contract with Lonza, or additional batches which are ordered within the framework of such existing contracted project) for the manufacturing space, and for the same dates and duration that would have been occupied by Customer. In the event that Lonza is able to (or would be able to if using commercially reasonable efforts) secure an equivalent replacement project, then the Cancellation Fee to be paid by the Customer for the cancelled Batch shall be reduced by an amount equal to the amount paid for such replacement project.