Firm Order Sample Clauses

Firm Order. During the Term, the Supplier shall sell and the Customer shall purchase quantities of the Products that the Customer orders from time to time under Section 4.0 hereof. Supplier grants the right to Customer to incorporate the Products into Customer’s systems and to market, distribute, sell and lease (directly or through Customer’s agents and distributors) such Customer systems to its direct and indirect customers. This Agreement constitutes [ * ] purchase obligation of Customer for the Products in the amounts and at the delivery times as set forth on Exhibit B attached hereto [ * ] (the “Firm Order Amount”).

Firm Order. VIVUS shall place with TANABE a firm order at least one-hundred and twenty (120) days before the desired shipping date. Such firm order shall fall within the range from ninety percent (90%) to one hundred and twenty percent (120%) of such order forecast. TANABE shall accept all such orders.

Firm Order. Subject to deferral or cancellation as provided below, the first three (3) months of each Rolling Forecast of Customer’s requirements of specific API from Agilent shall constitute a commitment on the part of Agilent to supply and Customer to order the quantity of specific API set forth in such Roiling Forecast (for each specific API this portion of the Rolling Forecast a “Firm Order.” The remaining twenty one (21) month portion of each Rolling Forecast shall be non- binding; however, Customer shall not reduce the non-binding forecasted amounts of the first three non-binding months more than thirty percent (30%) as they become a portion of the Firm Order without reasonable justification provided to Agilent. Thus, the forecast for each of months four, five and six in the Rolling Forecast cannot be reduced by more than thirty percent (30%) of the value stated in each such month as it became the sixth month of the Rolling Forecast without reasonable justification provided to Agilent. An impermissible reduction shall be considered a partial cancellation and subject to the provisions of Section 7(d).

Firm Order. Each Pre-Commercialization Firm Order and Post-Commercialization Firm Order shall be known as a "Firm Order". For the avoidance of doubt, the term "binding" as used in Sections 3.1(b) and (c) refers to the requirement for Labeled Drug to be produced on the Scheduled Batch Completion Dates, but not to Batch size. By way of example, Exhibit 3.1 provides a schematic outlining the procedure provided for in Section 3.1 (b) and (c) above. ---------------------------------- * Confidential treatment requested.

Firm Order. All estimates shall be valid for thirty (30) days from issuance, and Winstar shall accept or reject within such time period, unless an extension is requested in writing by Winstar and agreed to by BellSouth. Such extension will not exceed thirty (30) days. To accept an estimate, Winstar shall so state in writing by submitting a Firm Order to BellSouth and shall pay BellSouth 50% of the total estimated charges (“Initial Payment”) with the balance of the actual charges due upon completion of the Microwave Collocation area and any necessary supporting electrical or building modification work. Payment requirements will be commensurate with BellSouth’s FCC #1tariff, Section 20, and Exhibit B. BellSouth will permit one accompanied site visit to Winstar’s designated Microwave collocation arrangement location after receipt of the Firm Order without charge to Winstar.

Firm Order. A one-time order for a specific title(s) and number of copies, in contrast to a subscription or standing order.

Firm Order. The forecast quantities (i) with respect to Drug Substance, [***] and (ii) with respect to Drug Product, [***] (“Firm Orders”) shall include the requested delivery dates and shall be binding upon the Parties. For a given Rolling Forecast, AstraZeneca shall promptly notify Viela in writing if it becomes aware or believes that any Firm Orders contained therein cannot be fulfilled and the estimated delivery dates.

Firm Order a) Initially, Xxxxx shall provide Valence with a Firm Order for Valence Power Systems for a three month period. On or before the first day of each subsequent calendar month, Xxxxx shall deliver to Valence a Firm Order for the month three (3) months out (thereby maintaining a three (3) month Firm Order). b) Firm Orders may be issued by Xxxxx under this Agreement by electronic transfer, fax or e-mail to Valence as the Parties may agree. The terms and conditions of each Order shall be as provided by this Agreement. The provisions of either Party’s form of purchase order, acknowledgment or other business forms will not apply to any Order notwithstanding the other Party’s acknowledgment or acceptance of such form. c) All Firm Orders are subject to written acceptance by Valence. Once a Firm Order has been accepted by Valence, the order shall be non-cancelable and non-amendable, unless the Parties agree in writing to cancel or amend the Firm Order. d) Each Firm Order will include: (i) the model or Product number; (ii) unit quantity and unit price; (iii) availability date at Valence’s facility; and (iv) other instructions or requirements pertinent to the Order. e) If Xxxxx amends its Firm Order to reflect an increase, any such increase is subject to Valence confirmation based on production schedule and Material Lead-Times. Valence will make best reasonable efforts to meet the additional requirements of Xxxxx. Any costs incurred by Valence in order to expedite Material procurement shall be paid for by Xxxxx, Valence will make best reasonable efforts to minimize these costs. f) if Xxxxx’x Firm Order(s) for a given month exceed Xxxxx’x Rolling Quantity Forecast for that month, then Valence’s standard Lead-Times shall not apply and Valence shall specify a ship date for the quantity of Valence power systems exceeding Xxxxx’x Rolling Quantity Forecast. Valence will make best reasonable efforts to meet the additional requirements of Xxxxx. Any costs incurred by Valence in order to expedite Material procurement shall be paid for by Xxxxx, Valence will make best reasonable efforts to minimize these costs. g) If Xxxxx amends its Firm Order to reflect a decrease in projected Valence power systems quantity requirements for any given month, and Material has already been procured per Xxxxx’x Firm Order, then Xxxxx will reimburse Valence for non-returnable/non-cancelable Material purchased within the Material Lead-Time but not used within the term of this Agreement, as well as a...

Firm Order. The first [ * ] of each monthly Rolling Forecast shall be deemed as a Firm Order. Merck shall designate a Delivery date or Delivery date(s) for the Firm Orders. The Parties agree that (i) prior to the [ * ] of the first Major Market Launch, the [ * ] of each Firm Order shall not vary by more than [ * ] of the estimated quantity of the [ * ] of the previous Rolling Forecast; and (ii) following the [ * ] of the first Major Market Launch, the [ * ] of each Firm Order shall not vary by more than [ * ] of the estimated quantity of the [ * ] of the previous Rolling Forecast. If Merck places a Firm Order in excess of the maximum amount allowed pursuant to the foregoing sentence, Dynavax shall use its commercially reasonable efforts to meet Merck’s request; provided that Dynavax’s failure to supply the excess quantities shall not constitute a breach of this Agreement. Notwithstanding the foregoing, the Parties agree that all Rolling Forecasts and Firm Orders shall be subject to the capacity constraints for the Manufacture of Hepatitis B Surface Antigen as described in Section 2.2 above.

Firm Order. Subject to the following provisions of Article 5 and Article 6, the first (*) months of each Rolling Forecast shall constitute a non-cancelable commitment on the part of Avecia to supply and on the part of Genta to order, the quantity of API as set forth in such Rolling Forecast (each such rolling (*) commitment, a "Firm Order"). The remainder of any Rolling Forecast shall be non-binding; provided, however, that Genta shall be required to place Firm Orders with Avecia for at least (*) ((*)%) of its forecasted requirements for API for the (*) through (*)calendar months of each Rolling Forecast. Thus, the forecast first given for the month appearing as the (*) month in each Rolling Forecast shall, when that month becomes the (*) month in the Rolling Forecast (and thereby a Firm Order), be for not less than (*)% of the quantity of API stipulated as the forecast when that month first appeared as the (*) calendar month in the Rolling Forecast. If either Party, based on the information known to it, believes that any Rolling Forecast specifies quantities of API that would require Avecia exceed the rated manufacturing capacity of the Manufacturing Facilities designated in Sections 3.2 and 3.3, such Party shall promptly notify the other Party of such capacity constraint. In such case, the Parties shall meet and discuss the situation as further set forth in Section 3.3.3.