Commercial Quantities Sample Clauses

Commercial Quantities. The amount of production of Products which an ordinarily prudent person experienced in oil and gas exploration and production would, taking into consideration all pertinent surrounding facts and circumstances, deem sufficient to yield a return in excess of Lease Operating Costs, even if Drilling and Completion Costs may never be repaid.
Sample 1
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Commercial Quantities. Each Quarter beginning with the first Quarter following the FDA Approval Quarter, FMLP shall supply MG-PFH to APC as follows:
Sample 1
Commercial Quantities. For orders of MG-PFH under Paragraph 2.3, the price during the first Contract Year shall be determined in accordance with the Price Schedule that was in effect for Product Launch quantities on the last day of the Pre-Launch Period. The Price Schedule is subject to increase after the first Contract Year as provided in Paragraph 3.4.
Sample 1
Commercial Quantities. 3.3.1 On a quarterly basis starting nine (9) months prior to the anticipated Launch and thereafter by the fifteenth (15 th) day of the first month of each calendar quarter, TransOral shall provide Plantex with a good faith, twelve (12) month rolling forecast of the quantities of Product it desires to purchase from Plantex during the quarter following the quarter in which the forecast is provided (“Q1”) and the next three (3) quarters (“Q2”, “Q3”, and “Q4”, respectively) (the “Current Forecast”). The quantity of Product forecasted for Q1 will constitute a Firm Order, within the ranges specified in Section 3.3.3 below (“Firm Order”) for the Product indicated for those months and TransOral shall be obligated to purchase this quantity in one or more Purchase Orders submitted to Plantex during Q1. 3.3.2 Plantex shall supply (a) the quantities set forth on each Purchase Order to the extent such quantities are consistent with the applicable Firm Order and (b) those amounts that TransOral may order, in its sole discretion, in excess of the amount forecasted in the applicable Firm Order, provided that Plantex has, in its sole discretion, accepted the order for such additional amounts within [***] of Plantex’s receipt thereof. 3.3.3 It is understood and agreed that the forecasted quantities of Product for Q2, Q3 and Q4 shall not be binding upon TransOral or Plantex in any respect, and TransOral shall not be liable with respect to its good faith efforts to provide such non-binding forecasts. Notwithstanding the foregoing, the Firm Order for the then current Q1 may not be for an amount less than [***] of the immediately preceding forecast for each such [***] period and Plantex shall not be obligated to supply more than [***] of such forecasted amount, in each case unless otherwise agreed by the Parties in writing; provided, however, that Plantex shall use reasonable efforts to fill the amounts of any Firm Order exceeding the [***] described above. It is understood and agreed that in the event TransOral fails to provide Purchase Orders for the quantities of Product indicated for Q1, TransOral shall be deemed to have provided a Purchase Order for the balance of any quantities of Product indicated for Q1 on the last day of Q1 and the terms and conditions of supply and purchase of this Agreement, including this Section 3, shall apply as if such Purchase Order had been provided. [***] Confidential treatment has been requested for portions of this exhibit. These portions ha...
Sample 1
Commercial Quantities. Starting nine (9) months prior to Launch and thereafter by the 15th day of the first month of each quarter during the Term, Valera shall provide Plantex with a good faith, non-binding twelve (12) month rolling forecast of its API requirements by quarter. Valera may order quantities of the API by issuing Firm Purchase Orders to Plantex. Plantex shall accept or reject each Firm Purchase Order within ten (10) days after its receipt thereof and supply the quantities set forth on each Firm Purchase Order it accepts; provided that Plantex may not and shall not reject any Firm Purchase Order if (a) the quantity set forth thereon is at least eighty percent (80%) and no greater than one hundred and twenty percent (120%) of the most recent forecast supplied by Valera to Plantex prior to delivery of Firm Purchase Order for the given delivery periods, (b) the delivery date is at least ninety (90) days from the date of provision of the Firm Purchase Order to Plantex and (c) the Firm Purchase Order otherwise complies with the terms and conditions of this Agreement; provided further, however, that if Plantex chooses to accept a Firm Purchase Order for quantities in excess of one hundred and twenty percent (120%) of the most recent forecast supplied by Valera for the given delivery period, Plantex shall only be required to use reasonable efforts to fill the quantities exceeding one hundred and twenty percent (120%) of such forecast.
Sample 1
Commercial Quantities. Commercial Quantities" shall mean amounts deemed by LESSEE in its sole judgment to be sufficient to pay for all costs of the Project, including operation and maintenance expenses associated therewith, plus a reasonable profit.
Sample 1

Related to Commercial Quantities

  • Quantities The estimated quantities provided by the City are not guaranteed. These quantities are listed for informational purposes only. Quantities vary depending on the demands of the City. Any variations from the estimated quantities shall not entitle the bidder to an adjustment in the unit price or any additional compensation.

  • Contract Quantity The Contract Quantity during each Contract Year is the amount set forth in the applicable Contract Year in Section D of the Cover Sheet (“Delivery Term Contract Quantity Schedule”), which amount is inclusive of outages.

  • Delivery Point The delivery point is the point of delivery of the Power Product to the CAISO Controlled Grid (the “Delivery Point”). Seller shall provide and convey to Buyer the Power Product from the Generating Facility at the Delivery Point. Title to and risk of loss related to the Power Product transfer from Seller to Buyer at the Delivery Point.

  • Production Phase contract period in which the Development and the Production are to be performed.

  • ESTIMATED QUANTITIES 1.1 The quantities set forth in the line items and specification document are approximate and represent the estimated requirements for the contract period. 1.2 Items listed may or may not be an inclusive requirements for this category. 1.3 Category items not listed, but distributed by bidder are to be referred to as kindred items. Kindred items shall receive the same percentage of discount or pricing structure as items listed in the specification document. 1.4 The unit prices and the extended total prices shall be used as a basis for the evaluation of bids. The actual quantity of materials necessary may be more or less than the estimates listed in the specification document, but the City/County shall be neither obligated nor limited to any specified amount. If possible, the Owners will restrict increases/decreases to 20% of the estimated quantities listed in the specification document.

  • MINIMUM ORDER QUANTITY The State makes no commitment to purchase any minimum or maximum quantity, or dollar volume of products from the selected suppliers. Utilization of this agreement will be on an as needed basis by State Agencies and/or Cooperative Participants, Cities, Counties, Schools K-12, Colleges and Universities. The State will award to multiple suppliers; however, the State reserves the right to purchase like and similar products from other suppliers as necessary to meet operational requirements.

  • Product Specifications (a) Supplier shall manufacture all Products according to the Specifications in effect as of the date of this Agreement, with such changes or additions to the Specifications of the Products related thereto as shall be requested by Buyer in accordance with this Section or as otherwise agreed in writing by the Parties. All other Products shall be manufactured with such Specifications as the Parties shall agree in writing. (b) Buyer may request changed or additional Specifications for any Product by delivering written notice thereof to Supplier not less than one hundred twenty (120) days in advance of the first Firm Order for such Product to be supplied with such changed or additional Specifications. Notwithstanding the foregoing, if additional advance time would reasonably be required in order to implement the manufacturing processes for production of a Product with any changed or additional Specifications, and to commence manufacture and delivery thereof, Supplier shall so notify Buyer, and Supplier shall not be required to commence delivery of such Product until the passage of such additional time. (c) Supplier shall be required to accommodate any change of, or additions to, the Specifications for any Product, if and only if (i) in Supplier’s good faith judgment, such changed or additional Specifications would not require Supplier to violate good manufacturing practice, (ii) the representation and warranty of Buyer deemed made pursuant to Subsection (e) below is true and correct, and (iii) Buyer agrees to reimburse Supplier for the incremental costs and expenses incurred by Supplier in accommodating the changed or additional Specifications, including the costs of acquiring any new machinery and tooling. For the avoidance of doubt, such costs and expenses shall be payable by Buyer separately from the cost of Products at such time or times as Supplier shall request. (d) Supplier shall notify Buyer in writing within thirty (30) days of its receipt of any request for changed or additional Specifications (i) whether Supplier will honor such changed or additional Specifications, (ii) if Supplier declines to honor such changed or additional Specifications, the basis therefor and (iii) if applicable, the estimated costs and expenses that Buyer will be required to reimburse Supplier in respect of the requested changes or additions, as provided in Subsection (c) above. Buyer shall notify Supplier in writing within fifteen (15) days after receiving notice of any required reimbursement whether Buyer agrees to assume such reimbursement obligation. (e) By its request for any changed or additional Specifications for any Product, Buyer shall be deemed to represent and warrant to Supplier that the manufacture and sale of the Product incorporating Buyer’s changed or additional Specifications, as a result of such incorporation, will not and could not reasonably be expected to (i) violate or conflict with any contract, agreement, arrangement or understanding to which Buyer and/or any of its Affiliates is a party, including this Agreement and any other contract, agreement, arrangement or understanding with Supplier and/or its Affiliates, (ii) infringe on any trademark, service xxxx, copyright, patent, trade secret or other intellectual property rights of any Person, or (iii) violate any Applicable Law. Buyer shall indemnify and hold Supplier and its Affiliates harmless (including with respect to reasonable attorneys’ fees and disbursements) from any breach of this representation and warranty.

  • Contract Year A twelve (12) month period during the term of the Agreement commencing on the Effective Date and each anniversary thereof.

  • Product Specific Terms these terms apply to specific Products referenced in this section.

  • Delivery Points ‌ Project water made available to the Agency pursuant to Article 6 shall be delivered to the Agency by the State at the delivery structures established in accordance with Article 10.

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