Excess Quantities. Quantities in excess of EaglePicher purchase order quantity must be approved by buyer in writing prior to shipment. Buyer shall have no obligation to accept over- shipments. In the event of an over-shipment Buyer may, at its option: (i) retain goods shipped in excess of the quantities stated in a Purchase Order, at the price set forth in such Purchase Order, (ii) return such items to Seller at Seller’s expense, or (iii) place into storage the excess quantities of goods, until such time as Buyer may need them, at Seller’s expense.
Excess Quantities. LTS shall use [***] to accept and fill orders for any quantities of Patches for delivery in a Calendar Quarter exceeding [***] of the Binding Quantities for such Calendar Quarter, on the requested delivery dates (“Excess Orders”). In the event LTS is unable to accept or fill any Excess Orders despite using [***], LTS shall notify NeurogesX as soon as practicable, and such inability shall not be deemed a material breach of this Agreement entitling NeurogesX to terminate this Agreement nor a Failure Event under Section 6.4 below. LTS shall provide NeurogesX a Scheduled Delivery Date for Excess Orders within [***] days after receiving an Excess Order.
Excess Quantities. Shipper may, on any day and upon prior notice to Transporter, tender at the Receipt Point volumes of Carbon Dioxide in excess of the Daily Maximum Quantity, in which event Transporter may, in its sole judgment, transport all or any portion of such excess volumes on a fully interruptible basis. However, the transportation of any excess volumes by Transporter shall otherwise be subject to all of the terms and provisions hereof.
Excess Quantities. If there is an order in any month for more than the applicable Firm Order, AcelRx shall use commercially reasonable efforts, subject to the total annual [ * ] Drug cartridges or Dispenser Kits limit set forth in Section 2.2, to Manufacture any quantity of Drug, Dispenser Kits and Reusables Kits ordered by Grünenthal in excess of such levels, but in any event, AcelRx’s failure to Manufacture any such excess quantities shall not be a breach of this Agreement.
Excess Quantities. If NeoGenomics orders quantities of Product in any Calendar Quarter in excess of one hundred ten percent (110%) of the quantities set forth in the applicable forecast for such Calendar Quarter, Abbott will first supply such excess quantities from the safety stock established pursuant to Section 5.4 below. To the extent the excess quantities ordered by NeoGenomics exceed the safety stock, Abbott will not be obligated to supply the excess quantities, but Abbott will use commercially reasonable efforts to supply such excess quantities within thirty (30) days after its receipt of the applicable purchase order(s).
Excess Quantities. Hospira shall accept all Purchase Orders specifying quantities of Product up to [*] percent ([*]%) in excess of the quantities listed in the corresponding Firm Order Period. Hospira shall not be obligated to supply quantities of Product over and above such [*] percent ([*]%) excess amount (“Non-Binding Excess”) but shall use Commercially Reasonable Efforts to manufacture and deliver to Cempra all or part of the Non-Binding Excess within [*] days of issuance of the relevant Purchase Order. In no event, however, shall Hospira be required to supply any Product in excess of its applicable annual Product Supply Commitment except to the extent any relevant Purchase Orders therefor are confirmed by Hospira.
Excess Quantities. If GTX orders a quantity of Orion Product in excess of one hundred twenty-five percent (125%) of GTX's purchase forecast provided two (2) Calendar Quarters prior to such order, Orion shall deliver the quantity in excess of one hundred twenty-five percent (125%) up to one hundred fifty percent (150%) of such forecast within one hundred twenty (120) days from receipt and confirmation of GTX's purchase order. If GTX orders a quantity of Orion Product in excess of one hundred fifty percent (150%) of GTX's purchase forecast provided two (2) Calendar Quarters prior to such order, Orion shall use commercially reasonable efforts to supply the quantity in excess of one hundred fifty percent (150%) up to two hundred percent (200%) of such forecast as soon as practical, but in no event later than one hundred eighty (180) days from receipt and confirmation of GTX's purchase order. If GTX orders a quantity of Orion Product in excess of two hundred percent (200%) of GTX's purchase forecast provided two (2) Calendar Quarters prior to such Order, Orion shall use commercially reasonable efforts to supply the quantities in excess of such forecast as soon as practical.
Excess Quantities. Shell's sale and delivery during any month of more of any product than the quantity specified in the Schedule for that month, whether resulting from Shell's voluntary act, Shell's compliance with any allocation or other legal requirement, or any other cause, shall not be deemed to increase or otherwise amend such specified contract quantity as to any future month unless expressly so agreed in writing by Shell and Buyer.
Excess Quantities. Quantities in excess of EPT purchase order quantity must be approved by buyer in writing prior to shipment. Buyer shall have no obligation to accept over-shipments. In the event of an over-shipment Buyer may, at its option: (i) retain goods shipped in excess of the quantities stated in a Purchase Order, at the price set forth in such Purchase Order, (ii) return such items to Seller at Seller’s expense, or (iii) place into storage the excess quantities of goods, until such time as Buyer may need them, at Seller’s expense.
Excess Quantities. Unless otherwise agreed in writing by us, we accept no responsibility or liability for Goods supplied or Services provided in excess of the quantities set out in the Purchase Order.
