Amendment to Supply Agreement. Section 1.1 of the Loan Agreement is hereby amended by amending the following definition contained therein to read in its entirety as follows:
Amendment to Supply Agreement. (a) Section 1(d) of the Supply Agreement is amended by adding the following new paragraphs after the last sentence: “Subject to Seller’s continuing ability to meet the agreed to delivery, quality, and technical requirements and notwithstanding any conflicting provision of this Agreement or the GEE Purchase Terms, in calendar year 2013 only, Buyer shall purchase from Seller, and Seller shall be obligated to sell to Buyer, [...***...] sets of Components (or [...***...] wind turbine blades) specified in Buyer’s [...***...] (“2013 Component Orders”) through one or more firm, non-cancellable POs placed with Seller on or before January 10, 2013. At Buyer’s option, it may place additional orders for another [...***...] sets of Components (or [...***...] wind turbine blades) specified in Buyer’s [...***...] (“2013 [...***...] Set Option”) as long as firm, non-cancellable POs for such Components are received by Seller by no later than March 31, 2013. Any further Orders for 2013 beyond the [...***...] Component sets contemplated herein will be negotiated between Buyer and Seller in good faith on a case-by-case basis. The pricing for all such 2013 Component Orders, as well as the 2013 [...***...] Set Option shall be [...***...] RMB, plus VAT, when applicable, as set forth on Appendix 2. Once placed by Buyer and accepted by Seller, all POs for 2013 Component Orders, as well as the 2013 [...***...] Set Option, shall be firm and non-cancellable. For the avoidance of doubt, the parties agree and hereby acknowledge that the required purchase commitments set forth in Sections 1(b) through 1(d), insofar as they relate to Buyer’s obligation to place October Orders, to provide a Volume Guarantee Period, or to purchase a [...***...] of Planned Capacity, shall no longer be in effect for Components produced after production year 2012 and that the terms for 2013 Component Orders and, if applicable, the 2013 [...***...] Set Option as set forth above shall govern any such Orders placed for Components produced in 2013.
(b) Section 1(e) of the Supply Agreement is amended by deleting the current text in its entirety and replacing it with the following: “Except as provided in Section 10(b) below, during the term of this Agreement, Seller shall not enter into any contracts that materially interfere or disrupt the 2013 Component Orders or the 2013 [...***...] Set Option as set forth above.”
(c) Sections 2(b) through 2(c) of the Supply Agreement are amended by deleting the current text in...
Amendment to Supply Agreement. (A) Section 1 of the Agreement is hereby amended by deleting it in its entirety and replacing it with the following new Section 1:
Amendment to Supply Agreement. NuVim and SMBI hereby agree to amend the Supply Agreement by deleting the last sentence of Section 2.4 and replacing it in its entirety with the following: “If NuVim fails to purchase in any year the applicable Minimum Purchase Requirement, regardless of whether NuVim has fulfilled its make-up obligation under the preceding sentence, then SMBI agrees to negotiate in good faith a non-exclusive supply agreement on terms and conditions similar to those offered other customers of SMBI.”
Amendment to Supply Agreement. The Seller shall have executed and delivered to the Purchaser a counterpart of the Amendment to Supply Agreement.
Amendment to Supply Agreement. (a) Section 3 (d) of the Supply Agreement is amended by deleting the language “the date that is thirty (30) calendar days after the Effective Date” and replacing it with the following: “February 6, 2012”
Amendment to Supply Agreement. THIS AMENDMENT to the SUPPLY AGREEMENT dated June 25, 2008 (this “Amendment”) is made effective as of the date of the last signature on the Agreement (“Effective Date”), by and between TomoTherapy Incorporated, a Wisconsin corporation with its principal address at 0000 Xxxxxx Xxx, Madison, WI 53717, USA (“TomoTherapy”), and Hitachi Medical Corporation, a Japanese corporation with its principal address at 0-00-0 Xxxx-Xxxxx, Chiyoda-ku, Tokyo 101-0021, Japan (“Hitachi”).
Amendment to Supply Agreement. The Supply Agreement is hereby amended by adding the following immediately after Section 23 thereof:
Amendment to Supply Agreement. No later than [**] after (a) the FDA has granted Regulatory Approval for a Licensed Product in the DD-CKD Indication in the Territory, and (b) the earlier of a determination by CMS that such Licensed Product (i) is to be reimbursed using the TDAPA or (ii) is included as part of the ESRD PPS Bundled Payment System, Licensee and FKC will amend the Licensee-FKC Supply Agreement to finalize such agreement in order to satisfy all requirements of Section 5.2 (Terms of the Licensee-FKC Supply Agreement). If Licensee and FKC do not enter into an amendment of such Licensee-FKC Supply Agreement during such [**] period, then Akebia may terminate this Agreement pursuant to Section 16.6 (Termination by Akebia for Failure to Amend the Licensee-FKC Supply Agreement). Licensee will provide notice to Akebia that the amendments described herein have been executed and delivered by the parties thereto no later than [**] after entering into such amendments.
Amendment to Supply Agreement. Notwithstanding anything to the contrary which may be contained in the Supply Agreement, the Supply Agreement is amended so as to reflect the following modifications.
a. Section 1 of the Supply Agreement is modified by extending the Term for a period of three (3) years commencing on June 1, 2011 and expiring on May 31, 2014.
b. Section 14 of the Supply Agreement is deleted and replaced with the following: “The Parties hereto may not assign or otherwise transfer this Agreement or any of its rights or obligations hereunder (including, without limitation, by merger or consolidation) without the prior written consent of the other. In the event of any assignment, this Agreement shall be binding upon and inure to the benefit of the Parties hereto and their respective successors and assigns. Notwithstanding anything contained in this Agreement to the contrary, either party may assign its interest in the Agreement to an affiliate without the prior consent of the other party. In the case of an assignment to an affiliate, the assigning party must unconditionally guarantee the assignee’s performance and the affiliate must not be a competitor of the non-assigning party.”
c. Section 21 of the Supply Agreement is deleted in its entirety.
d. Exhibit B of the Supply Agreement is deleted in its entirety and replaced with the following: ***Kg. per batch size ***per Kg. ***Kg. per batch size ***per Kg. ***Kg. per batch size ***per Kg. Buyer shall bear all freight, insurance and similar costs, and all sales taxes, with respect to such purchases. The purchase price of Product, together with all related freight, insurance and similar costs, and sales taxes, shall be paid by Buyer to Seller within thirty (30) days after the date of invoice. During the Term of this Agreement (as extended by this Amendment) Buyer agrees to purchase *** Kgs of Product from Seller.
e. All of the other terms, conditions, and provisions contained in the Supply Agreement remain unchanged and in full force and effect.
