Acceptance or Rejection of Purchase Orders. Producer shall, in its sole discretion (based on Producer’s commercially reasonable judgment), accept or reject each Purchase Order, in whole, but not in part. Producer shall notify Gold of whether Producer accepts or rejects each particular Purchase Order within the time period specified in the Purchase Order, or if no time period is specified in the Purchase Order, by 5:00 p.m. (Ames, Iowa local time) on the date on which such Purchase Order is submitted (in either case, the “Acceptance Period”), and if Producer fails to notify Gold within the Acceptance Period, Producer shall be deemed to have rejected the Purchase Order. Gold reserves the right to require Producer to accept or reject any particular Purchase Order in writing. Producer hereby acknowledges that Gold will rely on Accepted Purchase Orders in its decisions to enter into third-party agreements for the sale of Ethanol to Gold’s end customers. In the event that Producer is unable to deliver Ethanol (due to unforeseen production shortfalls or otherwise) pursuant to the terms of a given Accepted Purchase Order, Gold will use its commercially reasonable efforts to restructure the corresponding third-party agreement or otherwise procure replacement ethanol for delivery to its end customer. If, as a result of Producer’s failure to deliver, Gold incurs costs in replacing such Ethanol or terminating such third-party agreement, Producer shall pay to Gold all such replacement or other costs incurred by Gold in fulfilling or terminating its obligations to the respective end customer (collectively “Replacement Costs”).
Acceptance or Rejection of Purchase Orders. Advanced shall acknowledge Acclarent’s purchase orders in writing and shall be entitled to reject that portion of any purchase order for Balloons in quantities greater than [****] of forecast or in the case of assembled Balloon Catheters, Advanced shall be entitled to reject that portion of any purchase order requiring delivery of more than [****] assembled Balloon Catheters within any calendar month; provided, however, that Advanced shall use commercially reasonable efforts to supply ordered quantities in excess of the above-stated [****] of the forecast for Balloons or [****] assembled Balloon Catheters per month. In the event that Advanced rejects a portion(s) of any purchase order(s) pursuant to this paragraphs 2.6, Acclarent shall [****] purchase balloons or assembled catheters from a third party to fill the rejected portion(s) of such purchase order(s). Advanced shall not be considered in breach of this Agreement in the event that it cannot provide assembled Balloon Catheters in excess of [****] per month. Any full or partial rejection of Acclarent’s purchase order must be communicated in writing to Acclarent within ten (10) business days of receipt of the purchase order by Advanced. Any purchase order for Balloons in quantities equal to or less than [****] of the forecast or any purchase order requiring delivery of fewer than [****] assembled Balloon Catheters per month shall be accepted by Advanced, provided compliance with Paragraph 2.7 below. Acceptance by Advanced of a purchase order or cumulative orders for an amount(s) less than the forecasted amount(s) shall not constitute a modification of the forecast and Acclarent shall [****] forecast as set forth above. No course of dealing between the parties shall alter Acclarent’s obligations pursuant to the forecast.
Acceptance or Rejection of Purchase Orders. Seller agrees to accept and acknowledge, on AT&T's acknowledgement form, Purchase Orders placed by AT&T in conformance with the terms of this Agreement. Seller agrees to provide order acceptance and committed ship dates within [*] of Purchase Order. Seller shall not reject a Purchase Order for Products or Parts for reason of quantity purchased or delivery dates, whenever the same is within the availability and schedules for such Products or Parts specified in Exhibit B.
Acceptance or Rejection of Purchase Orders. OraSure shall indicate its acceptance or rejection of each Purchase Order within ten (10) business days after receipt; provided that OraSure may reject a Purchase Order, in whole or in part, only if: (a) the Purchase Order fails to comply with the terms and conditions of this Agreement; (b) the delivery date is less than ninety (90) days from the date of OraSure’s receipt of such Purchase Order; or (c) the volume under the Purchase Order and all other accepted Purchase Orders covering the applicable monthly period exceeds the volume set forth in Xxxxxx’x then-current forecast (delivered pursuant to Section 7.3) by more than fifty percent (50%). If requested by Xxxxxx, following Xxxxxx’x receipt of OraSure’s rejection notice under clause (c) above, OraSure will use commercially reasonable efforts to deliver the excess volume of the Products specified in the rejected Purchase Order, but OraSure’s failure to so deliver the excess volume shall not be a breach of this Agreement. OraSure shall use commercially reasonable efforts to fill Xxxxxx’x orders for the Products. In no event shall OraSure be liable to any third party for OraSure’s failure to deliver the Products to Xxxxxx by any delivery date set forth in any Purchase Order.
Acceptance or Rejection of Purchase Orders. Nuance shall have five (5) days from the date of receipt of each Purchase Order to accept or reject such Purchase Order and notify VAR of the acceptance or rejection of such Purchase Order. Any failure of Nuance to accept or reject a Purchase Order within the foregoing five (5) day period shall be deemed acceptance thereof. In the event Nuance accepts a Purchase Order, Nuance shall create and deliver to VAR the appropriate Key(s) within five (5) business days unless otherwise agreed through acceptance of the Purchase Order. The parties agree that neither party shall have any obligation with respect to a rejected Purchase Order.
Acceptance or Rejection of Purchase Orders. Nuance shall use commercially reasonable efforts to accept or reject each Purchase Order submitted hereunder within ten (10) days from the date of receipt thereof by Nuance’s order administration group. If Nuance does not accept or reject a particular Purchase Order within such ten (10)-day period, Nuance shall be deemed to have rejected such Purchase Order. In the event Nuance accepts a Purchase Order, Nuance shall use commercially reasonable efforts to deliver to OEM, as applicable, a copy of the software or Appropriate Keys within five (5) business days. The Parties agree that neither Party shall have any obligation with respect to any rejected Purchase Order.
Acceptance or Rejection of Purchase Orders. Purchase Orders ------------------------------------------ submitted each month pursuant to Section 4(b) will be accepted or rejected by Replay Networks in writing by the twenty-third (23/rd/) calendar day of each month (or the following business day in the event the 23/rd/ day is a weekend or a holiday). Any such Purchase Orders within Forecast amount and lead times specified in Section 4(a) that are not rejected in writing by Replay Networks by such date shall be deemed accepted by Replay Networks effective upon receipt of such Purchase Order.
Acceptance or Rejection of Purchase Orders. Valera shall indicate its acceptance or rejection of each Purchase Order within ten (10) Business Days after receipt; provided that Valera may reject a Purchase Order, in whole or in part, only if: (a) the Purchase Order fails to comply with the terms and conditions of this Agreement; (b) the delivery date is less than one hundred fifty (150) days from the date of Valera’s receipt of such Purchase Order; or (c) if the volume under the Purchase Order and all other accepted Purchase Orders covering the applicable monthly period exceeds the volume set forth in Spepharm’s then-current forecast (delivered pursuant to Section 6.3) by more than twenty five (25%) during the first two (2) years after the effective date of this Agreement and by more than fifteen (15%) thereafter). If requested by Spepharm following Spepharm’s receipt of Valera’s rejection notice under clause (c) above, Valera will use commercially reasonable efforts to deliver the excess volume of the Product specified in the rejected Purchase Order, but Valera’s failure to so deliver the excess volume shall not be a breach of this Agreement. In no event shall Valera be liable to any third party for Valera’s failure to deliver the Product to Spepharm by any delivery due date set forth in any Purchase Order.
Acceptance or Rejection of Purchase Orders. Gum Tech shall give prompt notice to Customer of any rejection of a purchase order, in whole or in part. Gum Tech may reject a purchase order in whole or in part for any of the following reasons: (i) Gum Tech has experienced a Force Majeure Delay as provided in SECTION 7.(F) below; (ii) Customer is in breach of any provision hereof or any provision of any other written agreement between Customer and Gum Tech; (iv) Customer is a party to any voluntary or involuntary proceeding seeking liquidation, reorganization or other relief with respect to it or its debts under any bankruptcy, insolvency or similar law or Customer is generally failing to pay its debts when due or Customer has taken any corporate action in furtherance of any of the foregoing; or (vi) the purchase order contains terms which are inconsistent with the terms of this Agreement or the course of dealing between Customer and Gum Tech or are violative of any Applicable Law.
Acceptance or Rejection of Purchase Orders. Manufacturer agrees to accept or reject in writing (such writings to include faxes and messages transmitted by electronic mail to an address to be provided by OEM), within ten (10) business days of receipt by OEM’s purchase orders placed by OEM in conformance with the terms of this Agreement. If no such written confirmation or rejection is received by OEM during such ten (10) business day period, it shall be deemed as accepted by Manufacturer.
