![]() Order, or such other date as may be agreed to by the Parties in writing following the issue of the applicable Firm Purchase Order (for example, through an amended or updated Firm Purchase Order or otherwise). Delivery Date means, with respect to any particular Firm Purchase Order, the date specified in such Firm Purchase Order for delivery of the Products specified in such Firm Purchase No intervening Price variation) to the CPI for the quarter ending immediately before the relevant variation date, expressed as a percentage. ![]() Rate means, as applicable to a price increase for Products, the net change in the CPI measured from the CPI for the quarter ending immediately before the last date on which the price was varied (or the Commencement Date if there has been The Australian Bureau of Statistics, or if that index no longer exists, the index officially substituted for it. CPI means the Consumer Price Index (All Groups) for Melbourne published by Claims means any Third Party claims, demands, actions, suits or other Not a Saturday, Sunday, bank holiday or public holiday in the place where the notice is received, and for all other purposes, a day that is not a Saturday, Sunday, bank holiday or public holiday in the County of San Diego, California, USA or the ![]() Business Day means for receiving a notice, a day that is (a) the direct or indirect ownership of more than fifty percent (50%) of the stock having the right to vote for directors thereof (or general partnership interests) or (b) the ability to otherwise control the decisions of the board ofĭirectors or equivalent governing body thereof. For purposes of this definition, the term control (including, the correlative meanings, controlled by and under common control with) means and Invetech Pty Ltd for so long as such entities directly or indirectly, through one or more intermediaries,Ĭontrol, are controlled by or under common control with Leica. Or more intermediaries, controls, is controlled by or is under common control with GenMark and (ii) as to Leica, Invetech Inc. Affiliate means, (i) as to GenMark, any company or other business entity that, directly or indirectly, through one Additional Order Requirements is defined in clause 9.8. In this Agreement and Appendices hereto, the singular shall, where the context so permits, include the plural and vice versa, and the following words used with aĬapital first letter shall have the following meanings unless the context clearly indicates otherwise: QUALITY ASPECTS COMPLAINTS FIELD ACTIONS ![]() SPECIFICATION AND MANUFACTURING INSTRUCTION CHANGESĪPPENDIX I INSTRUMENTS AND PRODUCT SPECIFICATIONSĪPPENDIX III SPARE PARTS LIST AND PRICINGĪPPENDIX VI - QUALITY ASSURANCE AGREEMENT NOW, THEREFORE, in consideration of the mutual covenants as set forth herein, the Parties hereby agree as Multiplexed molecular tests to aid in the diagnosis of disease and the selection and dosing of therapies Įnter into this Agreement for the manufacture and supply by Leica to GenMark of certain products and for the provision by Leica to and for GenMark of certain product-related services. WHEREAS Leica manufactures and supplies instruments and consumables Hereinafter, Leica and GenMark are sometimes collectively referred to as the Parties and each individually as a Principal place of business at 5964 La Place Court, Carlsbad, CA, USA 92008 (hereinafter referred to as GenMark). Leica Biosystems Melbourne Pty Ltd (ABN 72 008 582 401) a company incorporated under the laws of Australia, having its registered office at 495īlackburn Road, Mount Waverley, Victoria, 3149 Australia, (hereinafter referred to as Leica)Ĭlinical Micro Sensors, Inc., a company incorporated under the laws of Delaware, USA and doing business as GenMark Diagnostics, and having a This supply agreement ( Agreement) is made and entered into by and between:
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