Common use of Delivery and Shipping Terms Clause in Contracts

Delivery and Shipping Terms. Purchase Orders submitted for quantities of Product that are in accordance with Section 2.3(a) and/or Section 2.3(b) will be binding on both Parties after acceptance in writing by Exelixis; provided, however, that should Exelixis neither reject a Purchase Order nor provide written confirmation of acceptance within [ * ] of receipt, Exelixis shall be deemed to have accepted the Purchase Order effectively. The Purchase Order will specify a single delivery date for such order to be delivered in such Calendar Quarter, but will in no event be a date sooner than [ * ]. By way of example, a Purchase Order submitted on [ * ] would specify the quantity of Product ordered for delivery in the [ * ] Calendar Quarter of [ * ], with a delivery date no sooner than [ * ]. Licensee shall place Purchase Orders of desired quantity of Products labeled for commercial use in Canada for delivery by Exelixis in Canada, [ * ]. With respect to Products labelled for commercial use in countries of the Licensee Territory other than Canada, a separate Purchase Order shall be placed and Exelixis shall deliver all Products [ * ] once the Finished Products are released by Exelixis or through its contract manufacturer as described in Section 2.4(d) below. Exelixis shall be responsible for obtaining all licenses or other authorizations for the exportation of such shipments and shall supply Licensee with the documentation required for filing or claiming credit or deduction for any applicable taxes and/or duties. Licensee shall be responsible for obtaining all freight, handling, insurance, and shipping expenses for shipments upon and after unloading at the [ * ], and shall be the importer of record and responsible for all duties and taxes for such importation in the Licensee Territory, and shall be responsible for obtaining all distribution licenses for the Products.”

Delivery and Shipping Terms. Purchase Orders submitted for quantities of Product that are in accordance with Section 2.3(a) and/or Section 2.3(b) as applicable will be binding on both Parties after acceptance in writing by Exelixis; provided, however, that should Exelixis neither reject a Purchase Order nor provide written confirmation of acceptance within [ * ] of receipt, Exelixis shall be deemed to have accepted the Purchase Order effectively. The Purchase Order will specify a single delivery date for such order to be delivered in such Calendar Quarter, but will in no event be a date sooner than delivered. Exelixis shall deliver all Finished Product [ * ]. By way of example, a For Purchase Order submitted on [ * ] would specify the quantity of Product ordered Orders placed for delivery commercialization in the [ * ] Calendar Quarter of Canada; Exelixis shall deliver [ * ], with a delivery date no sooner than as notified by Licensee. Licensee shall deliver all Reworked Product to [ * ]. Licensee shall place Purchase Orders of desired quantity of Products labeled for commercial use in Canada for delivery by Exelixis in Canada, [ * ]. With respect to Products labelled for commercial use in countries of the Licensee Territory other than Canada, a separate Purchase Order shall be placed and Exelixis shall deliver all Products Reworked Product from [ * ] once the Finished Products are released by Exelixis or through its contract manufacturer as described in Section 2.4(d) below]. Exelixis shall be responsible for obtaining all licenses or other authorizations for the exportation of such shipments and shall supply Licensee with the documentation required for filing or claiming credit or deduction for any applicable taxes and/or duties. Licensee shall be responsible for obtaining all freight, handling, insurance, and shipping expenses for shipments upon and after unloading at the [ * ]such shipments, and shall be the importer of record and responsible for all duties and taxes for such importation in the Licensee Territoryshipments, and shall be responsible for obtaining all distribution licenses for the Products.”

Delivery and Shipping Terms. Purchase Orders submitted for quantities of Product that are in accordance with Section 2.3(a) and/or Section 2.3(b) will be binding on both Parties after acceptance in writing [*] = Certain confidential information contained in this document, marked by Exelixis; providedbrackets, howeverhas been omitted and filed separately with the Securities and Exchange Commission pursuant to Rule 24b-2 of the Securities Exchange Act of 1934, that should Exelixis neither reject a Purchase Order nor provide written confirmation of acceptance within [ * ] of receipt, Exelixis shall be deemed to have accepted the Purchase Order effectivelyas amended. by Rigel. The Purchase Order will specify a single delivery date dates for such order to be delivered in such Calendar Quarter, but will in no event be a date sooner than [ * ][*] following the Purchase Order date. By way of example, a Purchase Order submitted on [ * [*] would specify the quantity of Product ordered for delivery in the [ * ] Calendar Quarter of [ * [*], with a delivery date no sooner than [ * [*]. Licensee Notwithstanding the foregoing, Rigel’s delivery schedule under this Supply Agreement shall place Purchase Orders of desired quantity of Products labeled for commercial use be subject to any change in Canada for the delivery by Exelixis schedule under the supply agreements between Rigel and its contract manufacturers. The Parties agree to discuss in Canada, [ * ]. With respect to Products labelled for commercial use in countries good faith any adjustment of the Licensee Territory other than Canada, a separate minimum delivery time of [*] from Purchase Order submission if a Party deems such an adjustment necessary. Rigel shall be placed and Exelixis inform Kissei in advance of any such change. Rigel shall deliver all Products [ * ] once Product [*], and title and risk of loss shall pass from Rigel to Kissei upon the Finished Products are released by Exelixis or through its contract manufacturer as described in Section 2.4(d) belowProduct’s being placed at the disposal of Kissei [*]. Exelixis Rigel shall be responsible for obtaining all licenses or other authorizations for the exportation of such shipments and shall supply Licensee Kissei with the documentation required for filing or claiming credit or deduction for any applicable taxes and/or duties. Licensee Kissei shall be responsible for obtaining all freight, handling, insurance, and shipping expenses for shipments upon and after unloading at the [ * [*], and shall be the importer of record and responsible for all duties and taxes for such importation in the Licensee Territory[*], and shall be responsible for obtaining all distribution licenses for the ProductsProduct. Notwithstanding the foregoing, Rigel shall [*], and cooperates with Kissei on such shipment.”

Delivery and Shipping Terms. Purchase Orders submitted for quantities of Product that are in accordance with Section 2.3(a) and/or Section 2.3(b) will be binding on both Parties after acceptance in writing by Exelixis; provided, however, that should Exelixis neither reject a Purchase Order nor provide written confirmation of acceptance within [ * ] of receipt, Exelixis shall be deemed to have accepted the Purchase Order effectively. The Purchase Order will specify a single delivery date for such order to be delivered in such Calendar Quarter, but will in no event be a date sooner than [ * ]. By way of example, a Purchase Order submitted on [ * ] would specify the quantity of Product ordered for delivery in the [ * ] Calendar Quarter of [ * ], with a delivery date no sooner than [ * ]. Licensee shall place Purchase Orders of desired quantity of Products labeled for commercial use in Canada for delivery by Exelixis in Canada, [ * ]. With respect to Products labelled for commercial use in countries of the Licensee Territory other than Canada, a separate Purchase Order shall be placed and Exelixis shall deliver all Products [ * ] once the Finished Products are released by Exelixis or through its contract manufacturer as described in Section 2.4(d) below]. Exelixis shall be responsible for obtaining all licenses or other authorizations for the exportation of such shipments and shall supply Licensee with the documentation required for filing or claiming credit or deduction for any applicable taxes and/or duties. Licensee shall be responsible for obtaining all freight, handling, insurance, and shipping expenses for shipments upon and after unloading at the [ * ]such shipments, and shall be the importer of record [ * ] = Certain confidential information contained in this document, marked by brackets, has been omitted and filed separately with the Securities and Exchange Commission pursuant to Rule 24b-2 of the Securities Exchange Act of 1934, as amended. and responsible for all duties and taxes for such importation in the Licensee Territoryshipments, and shall be responsible for obtaining all distribution licenses for the Products.”