Amendments to Supply Agreement. The Supply Agreement is hereby amended as follows:
Amendments to Supply Agreement. (A) Section 1 of the Supply Agreement is hereby amended by adding the following new Sections (h) and (i):
Amendments to Supply Agreement. (A) Section 1 (a) of the Supply Agreement is hereby amended by deleting it in its entirety and replacing it with the following:
Amendments to Supply Agreement. (a) Section 3(a) of the Supply Agreement is hereby amended by deleting it in its entirety and replacing it with the following: “Unless extended or unless terminated under this Section 3, this Agreement will remain in effect until December 31, 2016 (the “Term”),”
Amendments to Supply Agreement. 2.1 The first paragraph of Section 2.1 of the Supply Agreement shall be modified in its entirety as set forth below:
Amendments to Supply Agreement. 1.1 “Perryville III Corporate Park, 00 Xxxxxxxx Xxxx, Xxxxx 000, Xxxxxxx, XX 00000” shall be replace with “000 Xxxxxxx Xxxxxx Xxxx, Xxxxx 000, Xxxxxx, XX 00000” in each instance that is appears throughout the Supply Agreement.
Amendments to Supply Agreement. (a) The following is hereby added to the end of Section 2.1 of the Supply Agreement (“Supply and Purchase of Products”): “Customer acknowledges that while Manufacturer endeavors to deliver the exact quantity of Products ordered, this is not always possible due to custom manufacturing and quality control efforts. Therefore, notwithstanding anything contained in this Agreement to the contrary, Manufacturer reserves the right, and Customer hereby consents to allow Manufacturer, to ship and subsequently xxxx or credit Customer’s charge card or account for up to 10% over or under the desired Product quantity, and Customer acknowledges and agrees that some Product orders may be filled in two or more shipments.”
Amendments to Supply Agreement. (A) The first paragraph of Section 1 of the Supply Agreement is hereby amended by adding the following sentences: “Buyer’s Affiliate(s) may place Orders pursuant to the terms and conditions of this Agreement and applicable appendices. The individual Orders shall be concluded directly between Buyer or the relevant Affiliate of Buyer, on the one hand, and Seller, on the other hand. The obligations hereunder related to Buyer’s Minimum Annual Volume Obligation as specified in Appendix 1 shall only apply and be binding upon Buyer and not any Affiliate(s) placing Orders; except that (i) any Components purchased by Buyer’s Affiliates shall be counted toward Buyer’s Minimum Annual Volume Obligation and (ii) any events which, pursuant to the terms of this Agreement, would cause a reduction in Buyer’s Minimum Annual Volume Obligation if experienced by Buyer shall reduce Buyer’s Minimum Annual Volume Obligation if experienced by an Affiliate. In enforcing its rights under this Agreement and any Order issued hereunder, Seller shall look solely to the purchasing entity, either Buyer, or the applicable Affiliate as the case may be; provided, however that Buyer shall use commercially reasonable efforts to help Seller receive payment by Buyer’s Affiliate to the extent that such Buyer’s Affiliate fails to pay Seller according to the terms of this Agreement. For avoidance of doubt and subject to the terms herein, Buyer has entered into this Agreement on behalf of itself and on behalf of its Affiliates to an extent that an Affiliate places an Order hereunder. Any Buyer Affiliate placing an Order shall be entitled to all of Buyer’s rights and remedies under this Agreement; provided, however, that as between Buyer and Buyer’s Affiliate, only Buyer can terminate this Agreement pursuant to Section 3 or assign this Agreement pursuant to Section 7. Except to the extent there is a conflict between this Agreement and an Order placed by a Buyer Affiliate whereby this Agreement shall govern pursuant to this Section 1, nothing precludes a Buyer Affiliate or the Seller from exercising all of its rights and remedies under an Order to which it is a party. Any forecasts provided by Buyer shall include any purchases that would be made by Buyer or a Buyer Affiliate during the applicable time period. Nothing in this section shall reduce Seller’s Guaranteed Capacity as specified in Appendix 1.”
Amendments to Supply Agreement
