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 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. 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. If QUOTIENT desires to enter a bid to a potential Customer which QUOTIENT cannot fill with Instruments that it has already ordered hereunder, QUOTIENT shall consult with STRATEC regarding such bid, and STRATEC shall notify QUOTIENT as to whether it will be able to deliver such Instruments within the prescribed time.
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. Prior to the effective date of termination, EMC may issue additional purchase orders with deliveries to be scheduled not later than sixty (60) days after the effective termination date.
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:
(a) written acceptance is provided by 1cloudstar, or (b) 1cloudstar proceeds with the fulfillment of the Purchase Order. No additional or alternative terms or agreement or any alteration to this Agreement proposed by End User contained or referred to in a Purchase Order or other form submitted to 1cloudstar shall be deemed to apply unless they are expressly accepted in writing by an authorized representative of 1cloudstar with respect to that Purchase Order. End User shall be solely respon- sible for the accuracy of any Purchase Order, including, but not limited to, the specification, configuration or other details of Cloud Services requested for, and their functionality, compatibility and interoperability with other products or services, as well as their fitness for particular use, and where required by 1cloudstar, End User shall enter into a supplemental agreement or addendum with 1cloudstar in relation to the additional Cloud Services being requested for by End User in the Purchase Order and subject to the terms and conditions of such other Documentation as may be provided by 1cloudstar to End User.
4.2 Periodically, a report may be generated by 1cloudstar, which may be sent or made accessible to the End User indicating the actual level of Cloud Services usage by End User during a given time period and which End User agrees shall serve as an undisputable (except for obvious errors) basis for the invoicing and payment of any Overage Fees or usage based Fees in accordance with...
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. 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. 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 $[***].
