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.

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...

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.

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.

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.