Binding Purchase Orders. At least ninety (90) days prior to the date on which Adams desires to have Drug Product delivered, and together with each xxxxxast referenced in Section 4.1, an authorized representative of Adams shall furnish to Cardinal a binding purchase order (each, a "PUXXXXXE ORDER") for the quantity (specified in terms of a whole number of Batches not less than an amount agreed upon in writing in good faith for each Drug Product) of Drug Products which Adams shall purchase and Cardinal shall deliver. Cardinal shall, withxx xxve (5) business days after its receipt of such Purchase Order, acknowledge such receipt and confirm that the Purchase Order can be supplied. Should Cardinal fail to do so, then the Purchase Order shall be deemed to have been accepted by Cardinal. Each such Purchase Order shall designate the quantity of Drug Products ordered and the date by which Cardinal must deliver the Drug Products to Adams.
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Samples: Asset Purchase Agreement (Adams Respiratory Therapeutics, Inc.), Asset Purchase Agreement (Adams Laboratories, Inc.), Supply Agreement (Adams Respiratory Therapeutics, Inc.)
Binding Purchase Orders. At least ninety (90) days prior to the date on which Adams Xxxxx desires to have Drug Product delivered, and together with each xxxxxast forecast referenced in Section 4.1, an authorized representative of Adams Xxxxx shall furnish to Cardinal a binding purchase order (each, a "PUXXXXXE PURCHASE ORDER") for the quantity (specified in terms of a whole number of Batches not less than an amount agreed upon in writing in good faith for each Drug Product) of Drug Products which Adams Xxxxx shall purchase and Cardinal shall deliver. Cardinal shall, withxx xxve within five (5) business days after its receipt of such Purchase Order, acknowledge such receipt and confirm that the Purchase Order can be supplied. Should Cardinal fail to do so, then the Purchase Order shall be deemed to have been accepted by Cardinal. Each such Purchase Order shall designate the quantity of Drug Products ordered and the date by which Cardinal must deliver the Drug Products to AdamsXxxxx.
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