Common use of Excess Orders Clause in Contracts

Excess Orders. In the event that the actual amount of Licensed Adjuvants ordered by Purchaser in any Order exceed those set forth in the Binding Forecast (an “Excess Order”), Supplier shall use Commercially Reasonable Efforts to accept and supply such excess amount, Supplier shall notify Purchaser in writing within twelve (12) Business Days of receipt of an Excess Order as to whether it is able to deliver all of the Excess Order. If Supplier cannot deliver the entire quantify ordered in the Excess Order, such notice shall indicate the portion of the Excess Order that Supplier cannot supply by the requested delivery date and shall specify alternate delivery dates for such portion.

Appears in 4 contracts

Samples: License and Collaboration Agreement (Genocea Biosciences, Inc.), License and Collaboration Agreement (Genocea Biosciences, Inc.), License and Collaboration Agreement (Genocea Biosciences, Inc.)

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