TOSITUMOMAB. Any orders placed with BI Pharma shall be a "Vested Order" for purposes of this Section 4.16(b), if it is a firm order which has been accepted by BI Pharma and is scheduled for delivery within [*] after the date of such order. (i) If Corixa seeks to place a proposed Vested Order for Tositumomab and is advised by BI Pharma that it will not accept the full amount of such order (in which case such order does not become a Vested Order), whether such order is for purposes of supply in the Territory or the Corixa Territory, then Corixa shall consult with GSK Canada regarding the allocation of available supply. Unless the Parties otherwise agree, all future Vested Orders shall be allocated [*] to the Territory and [*] to the Corixa Territory so long as such conditions of supply shortage prevail, with each lot being allocated in such pro rata manner. In the event that, over the course of the 12-month period following BI Pharma's refusal to accept the full amount of such order, BI Pharma also refuses to accept the full amount of each and every subsequent order which Corixa attempts to place as a Vested Order, the Parties shall meet to discuss a plan for remedying such shortage of Tositumomab. (ii) If BI Pharma is unable to deliver the full amount of a Vested Order, either because the amount delivered is less than the amount ordered or because some or all of the delivery is not accepted for any reason, including, without limitation, non-compliance with Specifications, then the available Tositumomab in each calendar year in which a shortage of supply prevails shall be allocated as between the Territory and the Corixa Territory [*]. If the shortfall or failure occurs in a batch which is part of a manufacturing campaign, then the acceptable material manufactured as part of that campaign, and all future deliveries in that calendar year, shall be allocated between the Territory and the Corixa Territory so as to [*]. (Such allocation on a campaign basis could require that material already received as part of the same campaign for use in one territory be redesignated for use in a different territory, if such redesignation is necessary in order to achieve the [*]. However, material received as part of previous campaigns shall not be redesignated except by mutual consent.) As used herein, a "manufacturing campaign" shall refer to two or more batches manufactured in the same ---------------------------------- * Confidential Treatment requested. 38. <PAGE> manufacturing plant in temporal proximity to each other. The allocation rule set forth in this Section 4.16(b)(ii) shall restart for each calendar year, without any carryover of shortfalls realized for a particular territory in the prior calendar year.
Appears in 1 contract
Sources: License and Supply Agreement
TOSITUMOMAB. Any orders placed with BI Pharma shall be a "Vested Order" for purposes of this Section 4.16(b), if it is a firm order which has been accepted by BI Pharma and is scheduled for delivery within [*] after the date of such order.
(i) If Corixa seeks to place a proposed Vested Order for Tositumomab and is advised by BI Pharma that it will not accept the full amount of such order (in which case such order does not become a Vested Order), whether such order is for purposes of supply in the Territory or the Corixa Territory, then Corixa shall consult with GSK Canada regarding the allocation of available supply. Unless the Parties otherwise agree, all future Vested Orders shall be allocated [*] to the Territory and [*] to the Corixa Territory so long as such conditions of supply shortage prevail, with each lot being allocated in such pro rata manner. In the event that, over the course of the 12-month period following BI Pharma's refusal to accept the full amount of such order, BI Pharma also refuses to accept the full amount of each and every subsequent order which Corixa attempts to place as a Vested Order, the Parties shall meet to discuss a plan for remedying such shortage of Tositumomab.
(ii) If BI Pharma is unable to deliver the full amount of a Vested Order, either because the amount delivered is less than the amount ordered or because some or all of the delivery is not accepted for any reason, including, without limitation, non-compliance with Specifications, then the available Tositumomab in each calendar year in which a shortage of supply prevails shall be allocated as between the Territory and the Corixa Territory [*]. If the shortfall or failure occurs in a batch which is part of a manufacturing campaign, then the acceptable material manufactured as part of that campaign, and all future deliveries in that calendar year, shall be allocated between the Territory and the Corixa Territory so as to [*]. (Such allocation on a campaign basis could require that material already received as part of the same campaign for use in one territory be redesignated for use in a different territory, if such redesignation is necessary in order to achieve the [*]. However, material received as part of previous campaigns shall not be redesignated except by mutual consent.) As used herein, a "manufacturing campaign" shall refer to two or more batches manufactured in the same ---------------------------------- * Confidential Treatment requested. 38. <PAGE> manufacturing plant in temporal proximity to each other. The allocation rule set forth in this Section 4.16(b)(ii) shall restart for each calendar year, without any carryover of shortfalls realized for a particular territory in the prior calendar year.
Appears in 1 contract
TOSITUMOMAB. Any orders placed with BI Pharma shall be a "Vested Order" for purposes of this Section 4.16(b), if it is a firm order which has been accepted by BI Pharma and is scheduled for delivery within [*] after the date of such order.
(i) If Corixa seeks to place a proposed Vested Order for Tositumomab and is advised by BI Pharma that it will not accept the full amount of such order (in which case such order does not become a Vested Order), whether such order is for purposes of supply in the Territory or the Corixa Territory, then Corixa shall consult with GSK Canada regarding the allocation of available supply. Unless the Parties otherwise agree, all future Vested Orders shall be allocated [*] to the Territory and [*] to the Corixa Territory so long as such conditions of supply shortage prevail, with each lot being allocated in such pro rata manner. In the event that, over the course of the 12-month period following BI Pharma's refusal to accept the full amount of such order, BI Pharma also refuses to accept the full amount of each and every subsequent order which Corixa attempts to place as a Vested Order, the Parties shall meet to discuss a plan for remedying such shortage of Tositumomab.
(ii) If BI Pharma is unable to deliver the full amount of a Vested Order, either because the amount delivered is less than the amount ordered or because some or all of the delivery is not accepted for any reason, including, without limitation, non-compliance with Specifications, then the available Tositumomab in each calendar year in which a shortage of supply prevails shall be allocated as between the Territory and the Corixa Territory [*]. If the shortfall or failure occurs in a batch which is part of a manufacturing campaign, then the acceptable material manufactured as part of that campaign, and all future deliveries in that calendar year, shall be allocated between the Territory and the Corixa Territory so as to [*]. (Such allocation on a campaign basis could require that material already received as part of the same campaign for use in one territory be redesignated for use in a different territory, if such redesignation is necessary in order to achieve the [*]. However, material received as part of previous campaigns shall not be redesignated except by mutual consent.) As used herein, a "manufacturing campaign" shall refer to two or more batches manufactured in the same ---------------------------------- * Confidential Treatment requested. 38. <PAGE> manufacturing plant in temporal proximity to each other. The allocation rule set forth in this Section 4.16(b)(ii) shall restart for each calendar year, without any carryover of shortfalls realized for a particular territory in the prior calendar year.
Appears in 1 contract