Common use of Client’s Modification or Cancellation Clause in Contracts

Client’s Modification or Cancellation. A. Client may modify the delivery date, Specifications or quantity of Product and/or Packaged Product in any Purchase Order only by submitting a written change order (“Change Order”) to Catalent at least […***…] in advance of the earliest scheduled Processing Date for the Processing, and at least […***…] in advance of the earliest scheduled Packaging Date, covered by the Change Order. Such Change Order shall be effective and binding against Catalent only upon the written approval of Catalent, and notwithstanding the foregoing, Client shall remain responsible for the Firm Commitment portion of the Rolling Forecast. B. Notwithstanding any amounts due to Catalent under Section 4.4 or Section 4.1, if Client fails to place Purchase Orders sufficient to satisfy the Firm Commitment, Client shall, within […***…] of receipt of invoice, pay to Catalent the Unit Price for all Units that would have been Processed and Packaged if Client had placed Purchase Orders sufficient to satisfy the Firm Commitment. C. Neither the changes nor postponement of any Batch of Product or Packaged Product, nor the payment of the fees described in this Section 4.5, will reduce or in any way effect Client’s Minimum Requirement obligations set forth in Section 4.1.

Appears in 4 contracts

Samples: Softgel Commercial Manufacturing and Packaging Agreement, Softgel Commercial Manufacturing and Packaging Agreement (Insys Therapeutics, Inc.), Softgel Commercial Manufacturing and Packaging Agreement (Insys Therapeutics, Inc.)

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