definiens: ( as defined below ) equals or exceeds [COMPANY] 's commercial requirements for finished cartons of the Product ( as reflected in the first ou ] Calendar Quarters ofViroPharma 's most recent forecast for the Product delivered to OSG Norwich pursuant to Section 4.1 ( b ) of the the ), [COMPANY] shall purchase at least % of its Commercial Requirements for Product in the Territory during each such [ 0 Calendar Quarter period exclusively from OSG Norwich, provided that, : ( a ) without regard to the Product Manufacturing Capacity : -7-(i ) if OSG Norwich is unable to meet the purchase orders of [COMPANY] with respect to quantity ordered, quality of the Product and time for delivery ( assuming that such purchase orders meet the terms of this Project Agreement and the Master Agreement ), then [COMPANY] may obtain u ' Product from a third person ; ( ii ) OSG Norwich acknowledges that, at any time, [COMPANY] shall have the right to qualify [ e third party suppliers to manufactur e the Product and that [COMPANY] is permitted to purchase up to % of its Commercial Requirements for Product in the Territory from such other third party suppliers ; and ( iii ) [COMPANY] may purchase in excess of % of its Commercial Requirements for the Product from Lilly through [ e tember 30 200 ] ; and Prior to the Commencement Date, prior to each anniversary of the Commencement Date, and at any time ( not to exceed [ e a aitto . ] each calendar year ) that OSG Norwich, in good faith, reasonably determines that it has increased its Product Manufacturing Capacity by at least . %, [COMPANY] and OSG Norwich shall meet and mutually agree in writing on the number of capsules of the Product that OSG Norwich can Manufacture for [COMPANY] during the Calendar Quarter period following the Commencement Date, each anniversary thereof, or such other time described in the beginnin g of this paragraph, as applicable ( the ) . If, within fifteen calendar days following the date that the parties meet to determine the Number of Capsules, the parties can not agree on the Number of Capsules, the matter shall be submitted to arbitration . The parties shall mutually agree on the selection of the arbitrator . If the parties can not so agree within 5 business days after the expiratio n of the foregoing fifteen calendar day, each party shall select one arbitrator and the two arbitrators shall be instructed to agree on a third arbitrator within five calendar days ( the ) . Within five business days after the appointment of the Selected Arbitrator, each of the parties shall submit in writing to the Selected Arbitrator its calculation of the Number of Capsules and its reasoning in support thereof ( each, a ), and the Selected Arbitrator shall be required to make a final determination by choosing one of the parties ' proposed Number of Capsules . The decision of the Selected Arbitrator in any such arbitration shall be final, binding and not appealable . Each Party shall pay its own expenses of arbitration and the expenses of the arbitrators shall be equally shared by the parties . This arbitration provision shall be deemed to be self - executing, and in the event either party fails to submit timely its Written Proposal, then the Selected Arbitrator shall select the Number of Capsules stated in the other party 's Written Proposal