Additional Purchase Orders. If QTX desires to enter a bid to a potential Customer which QTX cannot fill with Instruments that it has already ordered hereunder, QTX shall consult Portions of this Exhibit, indicated by the xxxx “[***],” were omitted and have been filed separately with the Securities and Exchange Commission pursuant to the Registrant’s application requesting confidential treatment pursuant to Rule 406 of the Securities Act of 1933, as amended. with STRATEC regarding such bid, and STRATEC shall notify QTX as to whether it will be able to deliver such Instruments within the prescribed time.
Additional Purchase Orders. 4.1 In addition to the Cloud Services as stated in the attached Proposal, the End User may from time to time submit a purchase order to 1cloudstar for additional Cloud Services hereunder subject to 1cloudstar’s acceptance in its sole discretion (“Pur- chase Order”) which must contain the following information: (i) End User’s corporate name; (ii) the specific additional Cloud Services ordered; (iii) the type and quantity of Cloud Services ordered; (iv) the committed Subscription Term length for each of the additional Cloud Services ordered; (v) details of End User’s authorised account users; and (vi) any additional infor- mation required or set forth in any Documentation (“Purchase Order Requirements”). 1cloudstar’s quotes shall not consti- tute an offer. Only a Purchase Order submitted by End User shall constitute an offer to contract subject to this Agreement, however a Purchase Order shall not be deemed a binding contract on 1cloudstar unless and until the earlier date upon which:
Additional Purchase Orders. In addition to Purchase Orders submitted with a Forecast under Section 7.1.1 above, Aimmune may elect (but shall not be obligated) to submit to CoreRx one (1) or more additional Purchase Orders, at any time or from time to time during the Term of this Agreement. Each such Purchase Order from Aimmune hereunder shall state (i) [***] and (ii) [***]. Within [***] ([***]) days after the date of CoreRx’s receipt of any Purchase Order (if any) from Aimmune under this Section 7.1.5, CoreRx shall confirm to Aimmune, in writing, that CoreRx received such Purchase Order and shall inform Aimmune, in writing, whether or not CoreRx accepts such Purchase Order. CoreRx shall use all commercially reasonable efforts to accept additional Purchase Orders and supply all amounts of the Product ordered by Aimmune and accepted by CoreRx under this Section 7.1.5 on a timely basis.
Additional Purchase Orders. Buyer may from time to time submit to Seller purchase orders (each an “Additional Purchase Order”) in addition to the Initial Purchase Order by means of a first class certified mail return receipt requested, receipt verified overnight courier, receipt verified electronic mail, or receipt verified facsimile communication. Seller shall be deemed to have received an Additional Purchase Order on the date of its receipt verified electronic mail or electronically confirmed facsimile receipt if sent before 4:00 pm Pacific time or on the next day if sent thereafter, and upon its delivery to Seller by first class certified mail return receipt requested or receipt verified overnight courier service. Each Additional Purchase Order shall include the following, as applicable: (i) the date of the Additional Purchase Order; (ii) description of the Products ordered, including part numbers and quantity; (iii) prices; (iv) Delivery Date(s); (v) address(es) for shipment; (vi) payment terms; and (vii) mode of shipment. Seller shall notify Buyer in writing within ten (10) business days of receipt of any Additional Purchase Order setting forth either (a) its acceptance or rejection of all of the terms of the Additional Purchase Order; or (b) any proposed amendments to the terms, Delivery Date(s) or quantities for the Products ordered. If Seller responds pursuant to (b) above, Buyer and Seller shall negotiate in good faith and in a timely manner such Delivery Dates and quantities. Upon agreement of the Parties, an authorized representative of each Party shall execute the Additional Purchase Order, and on the date of Seller’s execution the Additional Purchase Order shall be deemed accepted. Failure by Seller to object in writing to Buyer prior to the expiration of 10 days of receipt of Additional Purchase order shall be deemed acceptance of an Additional Purchase Order. Each Additional Purchase Order shall become binding upon the Parties upon acceptance.
Additional Purchase Orders. Schedule 2.22 attached hereto lists certain purchase orders issued by Seller to vendors or suppliers that relate to the Actives Business (but which are not included in the P.O. Register set forth in Schedule 1.1(f)). From and after the date hereof, Seller and Purchaser shall cooperate with one another, meet, and negotiate in good faith with one another so as to mutually agree and determine, by not later than sixty (60) days after the Closing Date, which of the purchase orders listed on Schedule 2.22 are to be assigned by Seller to Purchaser, and assumed by Purchaser, in consideration of the nature, type and quality of items or services to be acquired pursuant to such purchase orders and their relationship and utility to the Actives Business. All such purchase orders so determined to be assigned to and assumed by Purchaser (the "ADDITIONAL PURCHASE ORDERS") shall, upon such assignment and assumption, constitute Purchase Orders and Assigned Contracts for all purposes hereunder; and, Seller and Purchaser shall execute and deliver such additional documents of conveyance (substantially in the form of the General Bill of Sale and Assignment and the Assumption Agreement attached hexxxx as Exhibit B and Exhibit C, respectively), with respect to such Additional Purchase Orders as may be reasonably necessary to evidence such assignment and assumption of such Additional Purchase Orders.
Additional Purchase Orders. From time to time, Spectrum may issue additional Purchase Orders for the Product in addition to the Pre-Agreed Purchase Orders, during the calendar years 2018 through 2020, with a Delivery Date no sooner than [***] from the date of such Purchase Order (the “Additional Purchase Orders”). Hanmi shall make best efforts to Produce and supply the amount of the Saleable Product ordered in any such Additional Purchase Order al a purchase price of $[***].
Additional Purchase Orders. (i) In addition to the Purchase Orders placed by Cubist for the Firm Commitment portion of the Rolling Forecast, Cubist may elect to submit Purchase Orders for additional Product. If Cubist submits an additional Purchase Order or additional Purchase Orders that (i) cover Product amounts that are in the aggregate, equal to or less than []* percent ([]*%) of the amount of the Firm Commitment for such period, and (ii) contain a delivery date that is at least []* days after the submission of such Purchase Order, then such additional Purchase Orders shall be binding upon Cubist and OsoBio when issued by Cubist. Within ten (10) business days following OsoBio’s receipt of an additional Purchase Order, OsoBio shall notify Cubist in writing of the anticipated Processing Dates for the Product ordered by such additional Purchase Order, and will subsequently notify Cubist of any changes to such Processing Dates; provided, that, any such change shall not affect OsoBio’s obligation to deliver Product on the delivery date specified in the applicable Purchase Order.
Additional Purchase Orders. On and after the Second Amendment Effective Date, Hanmi shall Produce and Deliver Product to Spectrum only upon Spectrum’s request pursuant to Purchase Orders submitted by Spectrum on or after the Second Amendment Effective Date, with a Delivery Date no sooner than [***] from the date of such Purchase Order (each such Purchase Order, an “Additional Purchase Orders”). Each Additional Purchase Order shall be subject to acceptance by Xxxxx. If Xxxxx accepts an Additional Purchase Order, Hanmi shall deliver the Saleable Products in accordance with the terms of such Additional Purchase Order and this Agreement. Spectrum will have no minimum purchase obligations with respect to the Product, provided that each Additional Purchase Order shall be ordered on the basis of batch sizes of the Product.
Additional Purchase Orders. If Gen-Probe desires to enter a bid to a potential Customer which Gen-Probe cannot fill with Products that it has already ordered hereunder, Gen-Probe shall consult with STRATEC regarding such bid, and STRATEC shall notify Gen-Probe as to whether it will be able to deliver such Products within the prescribed time.
Additional Purchase Orders. (a) Upon completion of the Initial Delivery, Xxxxx shall, from time to time, place with MPS additional purchase orders for the manufacturing no less than 10 Robots per purchase order at least 100 days in advance of the delivery date (the "LeadTime") specified in the purchase order (the "PurchaseOrder").
