Common use of Arthrex's Purchase Obligations Clause in Contracts

Arthrex's Purchase Obligations. (a) Subject to Section 2.11, Arthrex shall engage Bovie as the exclusive manufacturer of one hundred percent (100%) of its Product requirements in the marketplace, including, without limitation, Products required for engineering, testing and clinical trials, if any. Except as expressly set forth herein, Arthrex agrees to purchase all of its Product requirements exclusively from Bovie, and from no other manufacturer, person or entity, including, without limitation, any entity belonging, in whole or in part, to Arthrex. (b) Subject to Section 2.2(a) above, Arthrex shall provide Bovie with firm Purchase Orders for Products in accordance with the lead-times set forth in Section 2.4(a); provided, that Arthrex shall have the right, up to the date of manufacture, and with the consent of Bovie, which shall not be unreasonably withheld, to issue binding, written change orders to increase or decrease the quantity of such Purchase Orders. Arthrex agrees to accept partial shipments of Products should it, for any commercially reasonable reason, become necessary to ship in advance of order completion. Bovie shall make all commercially reasonable efforts to comply with any revisions to Purchase Order requirements consistent with the provisions of Section 2.3. Within seven days after receipt of a Purchase Order from Arthrex, Bovie shall acknowledge such receipt and confirm whether the order can be supplied.

Appears in 2 contracts

Samples: Manufacturing Agreement (Bovie Medical Corp), Original Equipment Manufacturer Agreement (Bovie Medical Corp)

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Arthrex's Purchase Obligations. (a) Subject to Section 2.11, Arthrex shall engage Bovie as the exclusive ** ** manufacturer of one hundred ** ** percent (100%** **) of its Product requirements in the marketplace, including, without limitation, Products required for engineering, testing and clinical trials, if any. Except as expressly set forth herein, Arthrex agrees to purchase all of ** ** its Product requirements exclusively ** ** from Bovie, and from no other manufacturer, person or entity, including, without limitation, any entity belonging, in whole or in part, to Arthrex. (b) Subject to Section 2.2(a) above, Arthrex shall provide Bovie with firm Purchase Orders for Products in accordance with the lead-times set forth in Section 2.4(a); provided, that Arthrex shall have the right, up to the date of manufacture, and with the consent of Bovie, which shall not be unreasonably withheld, to issue binding, written change orders to increase or decrease the quantity of such Purchase Orders. Arthrex agrees to accept partial shipments of Products should it, for any commercially reasonable reason, become necessary to ship in advance of order completion. Bovie shall make all commercially reasonable efforts to comply with any revisions to Purchase Order requirements consistent with the provisions of Section 2.3. Within seven days after receipt of a Purchase Order from Arthrex, Bovie shall acknowledge such receipt and confirm whether the order can be supplied.

Appears in 1 contract

Samples: Original Equipment Manufacturer Agreement (Bovie Medical Corp)

Arthrex's Purchase Obligations. (a) Subject to Section 2.11, Arthrex shall engage Bovie as the exclusive manufacturer of one hundred percent (100%) of its Product requirements in the marketplace, including, without limitation, Products required for engineering, testing and clinical trials, if any. Except as expressly set forth herein, Arthrex agrees to purchase all of its Product requirements exclusively from Bovie, and from no other manufacturer, person or entity, including, without limitation, any entity belonging, in whole or in part, to Arthrex. (b) Subject to Section 2.2(a) above, Arthrex shall provide Bovie with firm Purchase Orders for Products in accordance with the lead-times set forth in Section 2.4(a); provided, that Arthrex shall have the right, up to the date of manufacture, and with the consent of Bovie, which shall not be unreasonably withheld, to issue binding, written change orders to increase or decrease the quantity of such Purchase Orders. Arthrex agrees to accept partial shipments of Products should it, for any commercially reasonable reason, become necessary to ship in advance of order completion. Bovie shall make all commercially reasonable efforts to comply with any revisions to Purchase Order requirements consistent with the provisions of Section 2.3. Within seven days after receipt of a Purchase Order from Arthrex, Bovie shall acknowledge such receipt and confirm whether the order can be supplied.

Appears in 1 contract

Samples: Manufacturing Agreement (Bovie Medical Corp)

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Arthrex's Purchase Obligations. (a) Subject to Section 2.11, Arthrex shall engage Bovie as the exclusive ** **manufacturer of one hundred percent (100%) ** ** of its Product requirements in the marketplace, including, without limitation, Products required for engineering, testing and clinical trials, if any. Except as expressly set forth herein, Arthrex agrees to purchase all of its Product requirements exclusively from Bovie, and from no other manufacturer, person or entity, including, without limitation, any entity belonging, in whole or in part, to Arthrex. (b) Subject to Section 2.2(a) above, Arthrex shall provide Bovie with firm Purchase Orders for Products in accordance with the lead-times set forth in Section 2.4(a); provided, that Arthrex shall have the right, up to the date of manufacture, and with the consent of Bovie, which shall not be unreasonably withheld, to issue binding, written change orders to increase or decrease the quantity of such Purchase Orders. Arthrex agrees to accept partial shipments of Products should it, for any commercially reasonable reason, become necessary to ship in advance of order completion. Bovie shall make all commercially reasonable efforts to comply with any revisions to Purchase Order requirements consistent with the provisions of Section 2.3. Within seven days after receipt of a Purchase Order from Arthrex, Bovie shall acknowledge such receipt and confirm whether the order can be supplied.

Appears in 1 contract

Samples: Manufacturing Agreement (Bovie Medical Corp)

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