Common use of Unused Materials Clause in Contracts

Unused Materials. Within ninety (90) days of the effective date of the expiration or termination of this Agreement for any reason other than Unipath's material uncured breach, Warner-Lambert shall purchase at Unipath's cost any packaging and ot▇▇▇ ▇▇▇ ▇▇▇▇▇▇als that Unipath has purchased exclusively for Warner-Lambert in accordance with this Agreement for the production ▇▇ ▇▇▇ ▇▇▇▇▇▇▇. Warner-Lambert shall not be obligated to purchase any quantities of ▇▇▇▇▇▇▇▇▇ ▇▇▇▇r this Section 12.4 in excess of a one hundred twenty (120) day supply of such materials (such supply amount based upon Warner-Lambert's applicable forecast of its requirements of the fore▇▇▇▇▇). ▇▇ ▇▇▇ ▇ption Warner-Lambert may, in lieu of purchasing such materials at cost, pl▇▇▇ ▇▇▇▇▇▇ ▇▇▇h Unipath for additional Product under the terms of this Agreement in order to extinguish existing stocks of such materials. In the event that the Agreement terminates as a result of a material uncured breach by Unipath, Warner-Lambert shall be under no obligation to purchase any unused m▇▇▇▇▇▇▇▇ ▇▇▇▇ Unipath.

Appears in 2 contracts

Sources: Manufacturing Agreement (Inverness Medical Innovations Inc), Manufacturing Agreement (Inverness Medical Innovations Inc)